ppraisal habitats regulations a record of record for publication 23 09.pdf · change and their...

Record of Habitats Regulations Appraisal October 2016

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Record of Habitat Regulations Appraisal for the Proposed South-east Scotland Strategic Development Plan

Legislative requirement to undertake Habitats Regulation Appraisal

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. The plan-making body shall agree to the plan only after having ascertained that it will not adversely affect the integrity of the site concerned, unless in exceptional circumstances the provisions of Article 6(4) are met.” This procedure is applied in Scotland through the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), and is known as a ‘Habitats Regulations Appraisal’ (HRA).

In Scotland, European sites which are to be considered in the appraisal process are Special Protection Areas (SPA) classified under the Birds Directive and Special Areas of Conservation (SAC) designated under the EC Habitats Directive 1992. These form an EU-wide network of protected areas known as Natura 2000 sites. Scottish Government policy affords the same level of protection to proposed SACs and SPAs which have been approved by Scottish Ministers for formal consultation and the effects on these sites should also be appraised.

Scottish Planning Policy (2014) states that any development plan or proposal likely to have a significant effect on these sites which is not directly connected with or necessary to their conservation management must be subject to an “appropriate assessment” of the implications for the conservation objectives. Such plans or proposals may only be approved if the competent authority has ascertained by means of an “appropriate assessment” that there will be no adverse effect on the integrity of the site.

Key Stages of Appraisal

This HRA was carried out in line with the following guidance:

Habitats Regulations of Plans, Guidance for Plan-making Bodies in Scotland version 3.0 January 2015 (SNH 2015).

The Scottish Natural Heritage guidance suggests an HRA process of potentially 13 stages. This HRA follows these stages to the extent that is required, based on the findings at each stage.

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Stage 1: Decide whether the plan is subject to Habitats Regulations Appraisal

In Scotland the appraisal of the effect of the land use on European sites is required by part IVA (regulations 85A of the conservation (Natural Habitats, &c.) Regulations 1994 as amended.

Stage 2: Identify European sites that should be considered in the appraisal

Table 1 lists the possible sites that could have been included in this appraisal. It includes all sites within or adjacent to the SESplan boundary and sites outside the boundary where there the possibility of likely significant effects from the plan has been considered due to potential impacts on mobile species and/or the aquatic and marine environment. A number of sites have been screened out at this stage, largely because their location with respect to areas of change and their particular qualifying interests mean that a pathway between the interests of the site and an effect from the plan is not conceivable. This leaves a smaller list of sites that will be subject to further appraisal as follows:

Din Moss – Hoselaw Loch SPA, Fala Flow SPA ,Firth of Tay and Eden Estuary SPA & SAC, Firth of Forth SPA, Forth Islands SPA, Gladhouse Reservoir SPA, Greenlaw Moor SPA, Imperial Dock Lock Leith SPA, River Tweed SAC, River Teith SAC, Westwater SPA, Outer Firth of Forth & St Andrews Bay Complex draft SPA, Firth of Tay and Eden Estuary SAC, Isle of May SAC, Moray Firth SAC

Stage 3. Gather information about the European sites

Information on the above European sites, including details of the qualifying interests, conservation objectives and site condition, were obtained from SNH’s SiteLink Web Portal and through discussions with SNH.

Map-based information on the presence and boundaries of European sites was obtained from SNH’s Natural Spaces Portal: www.snh.org.uk/snhi

Stage 4. Discussions on the method and scope of the appraisal

The list of European sites to be included and the general approach to this appraisal was agreed through discussions with Scottish Natural Heritage.

Stage 5. Screening the plan for likely significant effects on a European site

The screening stage is a series of systematic steps to ensure that those areas of the plan that pose a potential risk of significant effects to European sites are ‘screened in’ and subject to further appraisal.

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The results of the screening exercise for likely significant effects are shown in Table 3. This indicates whether each policy, proposal or site allocation will have:

• a likely significant effect (red);

• a minor residual effect (orange) or

• no likely significant effect (green)

on any of the relevant European sites as a result of potential impacts on the sites’ qualifying interests. In making those decisions, consideration has been given to the potential reasons for screening a policy or proposal in or out suggested by the SNH guidance, summarised in Table 2.

Stage 6. Applying mitigation measures at screening stage to avoid likely significant effects

No likely significant effects were identified. See Table 3.

Conclusion

All elements of this plan have been screened out in terms of requiring an appropriate assessment. This is because the plan comprises:

• general policy statements unlikely to have a significant effect on a site • projects proposed by other plans and which would proceed irrespective of whether this plan was approved/adopted • projects/proposals for which effects on any particular European site cannot be identified because not enough is known about the location of the

proposal and its nature and scale

In addition, there were no minor residual effects identified by this appraisal. Consequently, there is no requirement to consider the effects of this plan in combination with other plans or projects.

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Table 1. European sites to be considered for further appraisal

Natura Site Features Summary (see Site Link for full list of qualifying features and conservation objectives)

Inclusion in HRA?

Reason: NCP - No conceivable pathway between effects of the plan and the site MS - Possible impacts on parts of the feeding area of mobile qualifying interests

Berwickshire & North Northumberland Coast SAC

Marine and coastal habitats Grey Seal

N NCP

Blawhorn Moss SAC Raised Bog N NCP Borders Woods SAC Woodland N NCP Craigengar SAC Upland Habitat

Vascular Plants N NCP

Din Moss – Hoselaw Loch SPA Geese Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Dogden Moss SAC Raised Bog N NCP Fala Flow SPA Geese Y MS - Developments could theoretically impact on feeding areas depending

on nature, scale and location. Firth of Tay and Eden Estuary SAC

Estuary Habitats and Harbour Seal

Y MS - Developments affecting the coast could theoretically impact on Harbour seals depending on nature and scale .

Firth of Tay and Eden Estuary SPA

Wading Birds, Waterfowl, Marsh Harrier

Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Firth of Forth SPA Wading Birds, Waterfowl Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Forth Islands SPA Seabirds Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Gladhouse Reservoir SPA Geese Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Greenlaw Moor SPA Geese Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Imperial Dock Lock Leith SPA Common Tern Y Within an area recognised as being important for strategic growth.

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Natura Site Features Summary (see Site Link for full list of qualifying features and conservation objectives)

Inclusion in HRA?

Reason: NCP - No conceivable pathway between effects of the plan and the site MS - Possible impacts on parts of the feeding area of mobile qualifying interests

Isle of May SAC Grey Seal Reef Habitat

Y MS - Developments affecting the coast could theoretically impact on Harbour Seals depending on nature and scale.

Langholm – Newcastleton Hills SPA

Hen Harrier N NCP

Moorfoot Hills SAC Upland Habitat N NCP Moray Firth SAC Bottlenose Dolphin

Sandbank Y MS - Developments affecting the coast could theoretically impact on

Bottlenose Dolphins depending on nature and scale. Outer Firth of Forth & St Andrews Bay Complex draft SPA

Seabirds Y MS - Developments could theoretically impact on feeding areas depending on nature, scale and location.

Peeswit Moss SAC Raised Bog N NCP River Teith SAC Lamprey & Salmon Y MS - Outside SESplan area. Qualifying interests migrate via River Forth

Developments affecting the coast could theoretically impact on Lamprey and Salmon depending on nature and scale.

River Tweed SAC Otter, Lamprey, Salmon, Freshwater Habitats

Y Within area covered by plan.

St Abb’s Head to Fast Castle SPA Sea Cliffs N NCP St Abb’s Head to Fast Castle SAC Seabirds N NCP Threepwood Moss SAC Raised Bog N NCP Westwater SPA Waterfowl Y MS - Developments could theoretically impact on feeding areas depending

on nature, scale and location. Whitlaw & Branxholme SAC Fens, Mires, Non-vascular

plants N NCP

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Table 2. Potential reasons for screening out policies and proposals as having no Likely Significant Effect

Reason for screening out Description A Policies for which effects on any particular European site cannot be identified, because it is too general or vague

and it is not known where, when or how the proposal may be implemented or where effects may occur, or which sites if any may be effected

B Projects referred to in but not proposed by the plan C Projects and other proposals which make provision for change but have already been granted planning

permission D Projects or proposals intended to protect the natural environment, including biodiversity, or to conserve or

enhance the natural, built or historic environment, where enhancement measures will not be likely to have any negative effect on a European site

E Policies which will not themselves lead to development or change such as design or other qualitative criteria F Policies or proposals which make provision for change but which could have no conceivable effect on a

European site because: • there is no link or pathway with the qualifying interest or • any effect would be positive effect or • it would not otherwise undermine the conservation objectives of the site

G Policies or proposals which make provision for change but could have no significant effect on a European site because any potential effects would be insignificant and therefore ‘minor residual’ in nature or so restricted or remote from the site that they would not undermine the conservation objectives for the site

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Table 3. Screening for likely significant effects on a European site

Plan section Screening Reason(s) (see Table 2) Likely significant effect.

Minor residual effect. No likely significant effect.

The Spatial Strategy Most growth in and around Edinburgh and in Long Term Growth Corridors.

No likely significant effect. A

Strategic Growth 2018-2030: need for growth largely met by land already identified in existing and proposed plans


Rural Growth Areas: These identify those settlements in the Scottish Borders with potential for long term growth

No likely significant effect. A, B

Growth Beyond 2030 – Long Term growth corridors shown on map as indicative arrows


Placemaking in the City Region: “SESplan member authorities will ensure that communities are involved in the design and shaping of development at an early stage, using tools such as the Place Standard to engage local people in conversations about what places should be like. Development should take account of the Placemaking Principles set out in Table 3.1. Local Development Plans will include development frameworks, masterplans and design briefs that are aligned with relevant community plans and have been developed jointly with local people. Local Development Plans will be guided by the Placemaking Principles detailed in Table 3.1. and ensure that all international, national and locally designated areas are afforded the appropriate level of protection.”

No likely significant effect. A, B, D

Strategic Cross Boundary Transport Improvements See detailed policy approach under ‘ Better Connected Place’ below.

Green Belts & Related Countryside Designations No likely significant effect. B, D Cross Boundary Green Networks: Assessed below under ‘ Place for Communities’ See ‘ Place for Communities’ below. See below

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Placemaking Principles Table 3.1 No likely significant effect. A, D, E Key Areas of Change. These parts of the plan and associated Figures include:

• Summaries of transport projects referred to on maps but not proposed by the plan.

• Significant Business Clusters proposed by the plan, but explained in more detail in later section

• Green Network Priority Areas proposed by the plan, but explained in more detail in later section

These are assessed below in turn against the section of the plan where these are set out in more detail

See below. See below

A Place to do Business Significant Business Clusters. This section includes a list of sites against which the following approach applies: SESplan member authorities will promote investment in the locations identified in Table 4.1. Local Development Plans will safeguard their future expansion by identifying and safeguarding sufficient land and supporting infrastructure including public transport and walking and cycling provision. Local Development Plans will adopt a flexible approach to allow for new long term employment opportunities. Local Development Plans will also consider whether to identify local based business clusters.

No likely significant effect Table 4.1 ‘Significant Business Clusters’ describe a range of opportunities and locations. Most are related to existing plans and projects proposed elsewhere. None of the clusters are described in terms that would realistically allow effects on any particular European site to be identified because there is no detail on how the proposal may be implemented and the location of the clusters is indicative.

A

Rural Economy: SESplan member authorities will therefore support the continued operation, diversification and expansion of rural businesses.


Employment Land Supply: Local Development Plans will identify and safeguard a sufficient supply of employment land taking account of market demands and existing infrastructure. This land should be able to deliver sites which are serviced or serviceable over the plan period. Local Development Plans will identify and safeguard large scale employment sites where necessary in line with the spatial strategy and, where appropriate, within the significant business clusters. Local Development Plans will support diversification and re-categorisation of existing employment sites where this facilitates wider business opportunities, mixed-uses or an increased density of development, whilst ensuring an overall sufficient supply of employment land is maintained.


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Responsible Resource Extraction: SESplan member authorities will establish a Minerals Working Group. This group will review the aggregate resources of the city region (based on Scottish Government minerals survey data and relevant locally sourced information) to ensure there is a sufficient aggregates landbank of permitted reserves for construction aggregates of at least 10 years. Local Development Plans will use the relevant monitoring information to identify and safeguard sufficient construction aggregates to form a land bank of reserves for a minimum of 10 years. These should be in locations where there are deposits of sufficient scale and quantity for commercial extraction and which could be worked without unacceptable environmental or amenity impacts in accordance with Scottish Planning Policy. Local Development Plans will identify coal, oil and gas reserves to support a diverse energy mix, giving sufficient weight to the avoidance of long term environmental impacts and greenhouse gas emissions from their use. Local Development Plans will identify former mineral sites and the potential means of restoration and regeneration in accordance with the vision and spatial strategy of the Strategic Development Plan.


A Low Carbon Economy: Local Development Plans will identify, as appropriate, opportunities to co-locate sources of high heat demand (e.g. housing) with sources of heat supply (e.g. biomass power plants) and to locate new development where passive solar heating and solar power generation can be maximised. Local Development Plans will apply these 2km separation zones up to a maximum of 2km from an identified settlement envelope or edge. SESplan member authorities will establish a Cross-boundary Windfarm Working Group to explore the potential for a plan-led approach to identifying strategic capacity for wind farms and repowering opportunities (i.e. replace old turbines with new ones) in areas where there are likely to be cross-boundary effects. Relevant member authorities will pursue a collaborative plan-led approach to re-powering in order to minimise the impact on key cross-boundary assets. Local Development Plans will also set out the full range of additional considerations they will apply to wind farm proposals based on the particular characteristics of each area. In doing so, they should liaise closely with neighbouring authorities to identify and establish a consistent policy approach to key strategic cross-boundary assets. These assets will include, but will not be limited to, the Pentland Hills Regional Park, the Lomond Hills Regional Park, the Lammermuir Hills and the Firth of Forth.


Onshore Wind Spatial Framework No likely significant effect. A Zero Waste: Local Development Plans will support proposals which encourage recycling and recovery of waste where these are in accordance with the Zero Waste Plan and take account of environmental, transport, economic and amenity factors. Opportunities for co-location with other uses which can make use of any recovered heat will be supported.


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A Place for Communities Increasing Housing Delivery: Housing Targets Figure 5.1, Tables 5.1, 5.2 No likely significant effect. A Increasing Housing Delivery: Local Development Plans will set out the proportion of affordable housing that will be sought on market sites, taking into account relevant local factors. Affordable housing will also be developed by housing associations and councils, making best use of the public estate. SESplan member authorities will ensure that Local Housing Strategies and Local Development Plans enable the types of homes that will address the needs of a growing, ageing population and the growth in the number of smaller households. SESplan member authorities will work together through the South East Scotland Housing Forum to update housing need information for these communities.


Increasing Housing Delivery 2018-2030 Period: Local Development Plans will ensure that there is a sufficient supply of housing land to meet the Housing Land Requirements over the 10 year period from the expected date of plan adoption. City of Edinburgh Local Development Plan will give priority to brownfield sites in the urban area within the Green Belt's inner boundary and ensure all allocations are consistent with this Strategic Development Plan. SESplan member authorities will also consider deallocating sites carried over from multiple plan cycles where action taken has proved ineffective in making them deliverable over a number of plan periods. SESplan member authorities will also consider deallocating sites where they are not required to meet plan objectives or consider changing such sites to long term growth opportunities. SESplan member authorities will monitor the availability of effective housing land in relation to the SESplan Housing Market Area and by Local Authority Area. This will be monitored and updated annually through the housing land audit. They will maintain a five year effective housing land supply at all times measured against the five year housing supply targets. These are calculated by multiplying the annual average housing supply targets (Table 5.1) by five. Where a SESplan member authority determines there is a shortfall in the five year effective land supply, they will consider permitting proposals for additional housing supply, subject to the following criteria: Development must be consistent with the spatial strategy of the development plan; The scale of the proposal and the proportion of affordable and market housing in the development must reflect the type (market or affordable) and scale of the shortfall identified; Development must demonstrate that a significant proportion of the total number of homes

No likely significant effect Para. 5.8 of SESplan identifies that there is sufficient housing land supply to meet the Housing Supply Requirements for the 2018-2030 period in East Lothian, Fife, Midlothian, Scottish Borders and West Lothian. This is due to the existing land supply set out in LDPs based on housing requirements in the previous SDP. In other words, SESplan 2 is not proposing any additional land allocations and therefore this aspect of the plan cannot have any LSE. It identifies that Edinburgh LDP will have to identify additional sites because there is a shortfall. However, SESplan 2 does not provide any specific indication of where this additional land might be, beyond stating that (in Para 5.9) “City of Edinburgh LDP will give priority to brownfield sites in the urban area within the Green belt’s inner boundary ..”. It is therefore not possible to know where, or how CEC will meet the shortfall in housing land supply and therefore it is not possible to identify where effects may occur, or which sites if any may be effected .

A, B

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proposed will be completed in the next five years The scale, location and design of development must take account of the Placemaking Principles (Table 3.1); Development must align with any SESplan member authority guidance on green networks; Development must align with green belt objectives or the objectives of other designations fulfilling a similar function (Para. 3.6); and Development must demonstrate that any infrastructure required is already committed and funded, or will be delivered by the developer Thriving Town Centres: Local Development Plans will support all uses in town centres that generate significant footfall such as retail and commercial leisure, offices, community, cultural facilities and opportunities for town centre living. Local Development Plans will also encourage the development of an evening/ night-time economy in town centres. Local Development Plans will identify, taking account the hierarchy of centres in Table 5.4, a network of centres including town centres, local centres and commercial centres and explain how they can complement each other. Local Development Plans will apply a Town Centre First policy. This means that when planning for any use that generates significant footfall, locations should be considered in the following order of preference:

• Town Centres (including the City Centre and • Strategic Centres) • Edge of town centre • Other commercial centres identified in the • development plan; and • Out of centre locations that are easily accessible by a choice of transport modes or

will be made so by investment delivered by relevant development


Enhanced Green Network: Green Network Priority Areas Member authorities will prepare frameworks for these areas that will:

• Identify and safeguard those elements of the green network that provide, or have the potential to provide, the greatest benefits for people and nature


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• Identify strategic enhancements to green networks that will add value to existing settlements, developments for which land has already been allocated and any new allocations in subsequent Local Development Plans

• Provide an additional context for planning decisions SESplan member authorities will prepare Strategic Frameworks for the two Cross-Boundary Green Network Priority Areas and adopt these as Supplementary Guidance to the Strategic Development Plan within one year of plan approval. SESplan member authorities will prepare non-statutory Frameworks for the other Green Network Priority Areas and incorporate the key elements of these frameworks into the relevant Local Development Plan at the first opportunity.

A Better Connected Place Supporting Non-car Travel: Development should take account of the needs of people before the movement of cars. Therefore in addition to the Placemaking Principles set out in Table 3.1, new development should be designed in accordance with Designing Streets to ensure that non-car travel is an easy and convenient choice. Local Development Plans will ensure that large scale housing development is located where there is good access to town centres and employment locations by walking and cycling routes and by public transport. Where new infrastructure is needed to enable this access, Local Development Plans will ensure that this is delivered ahead of, or as part of, new development. Developments should be designed so that the density, use and layout helps reduce the need to travel by car. Developments should include clear and direct links to public transport nodes and good access to walking and cycling networks. Development close to public transport nodes and interchanges should be at higher development densities.


Walking and Cycling A range of strategic and functional routes are proposed

No likely significant effect. Some of the proposed new routes may be adjacent to or go through Natura sites. However, this plan only identifies these routes in a very indicative way. The exact routes have not yet been determined. Consequently we have no information about the specification of the works needed, whether any new river crossing points are needed, when the work will be carried out or the nature or scale of the work. It is not therefore possible to ascertain if,

A

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when or where effects may occur. Strategic Transport Improvements 2018-2030 Edinburgh - Glasgow Rail Improvements No likely significant effect. Proposed in SDP1. B East Coast Mainline: Ongoing and Planned Improvements

No likely significant effect. Proposed in SEStrans Regional Transport Strategy 2015-2025.

B

Edinburgh-Glasgow via Shotts Rail Line Electrification

No likely significant effect. Proposed in SDP1. B

East Linton and Reston Rail Stations on new Edinburgh-Berwick service


Edinburgh Waverley Capacity Improvements No likely significant effect. Proposed in SDP1. B Levenmouth Rail Link No likely significant effect. Proposed in SDP1. B A801 Improvements No likely significant effect. Proposed in SDP1. B Tram extensions: York Place to Newhaven City Centre to Edinburgh BioQuarter, Newcraighall and Queen Margaret University Newhaven to Granton Roseburn to Granton Ingliston to Newbridge


A1 Junction Improvements No likely significant effect. Proposed in SDP1. B A92 Junction Improvements No likely significant effect. Proposed in SDP1. B Dunfermline Northern Relief Road & Western Distributor Road


A701 Relief Road and A702 Link No likely significant effect. Proposed in SDP1. B Winchburgh Rail Station No likely significant effect. Proposed in SDP1. B Winchburgh M9 Junction No likely significant effect. Proposed in SDP1. B M9 J3 Upgrade No likely significant effect. Proposed in SDP1. B Potential Strategic Cross-Boundary Projects A720 Improvements, including Sheriffhall Junction - Junction Upgrades, Intelligent Transport Systems and Non-Car alternatives


Improvements associated with trunk road No likely significant effect. A

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approaches to Edinburgh including Junction Upgrades and Non-Car Alternatives such as Park and Ride Schemes Edinburgh Orbital Bus and Associated Park and Ride Sites No likely significant effect. Proposed in SDP1. B Edinburgh Cross Rail Services No likely significant effect. Proposed in

SEStrans Regional Transport Strategy 2015-2025.

B

Strategic Longer Term Projects High Speed Rail to England No likely significant effect. Proposed in NPF3

and no further detail set out in SDP2. B

A1 Dualling between Dunbar and Berwick Upon Tweed No likely significant effect. Proposed in SDP1. B Borders Rail Extension to Hawick and Carlisle No likely significant effect. Proposed in

Scottish Borders Proposed Plan. B

Dunfermline-Alloa Passenger Rail Link No likely significant effect. Proposed in SDP1. B East Coast Main Line: formation of four line section of track between Blindwells and Drem, including new station and over bridge for Blindwells


New trunk road interchange on the A1(T) at Adniston No likely significant effect. Exact location of junction not known, but if assumed to be somewhere with 1km of West Adniston, there is no link with any of the qualifying interests of the relevant sites.

A,F

National Transport Developments No likely significant effect. Proposed in NPF3 and no further detail set out in SDP2.

B

Funding Transport Infrastructure No likely significant effect. A

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