FC Draft Habitats Regulations Appraisal

FIFE plan

Dra Habitats Regulaons Appraisal : Environmental Report Annex 6

Fife Local Development Plan Proposed Plan October 2014

FC OiUfeN C I L Economy, Planning & Employability Services

Glossary

Appropriate Assessment - part of the Habitats Regulations Appraisal process, required where the plan is likely to have a significant effect on a European site, either alone or in combination with other plans or projects

Birds Directive - Directive 2009/147/EC of the European Parliament and of the European Council of 30th November 2009 on the conservation of wild birds.

BTO tetrad data - bird counts based on 2km by 2km squares carried out by the British Trust for Ornithology

Natura 2000/European sites - The Europe-wide network of Special Protection Areas and Special Areas of Conservation, intended to provide protection for birds in accordance with the Birds Directive, and for the species and habitats listed in the Habitats Directive.

Special Area of Conservation (SAC) - Area designated in respect of habitats and/or species under Articles 3 – 5 of the EC Habitats Directive. All SACs are European sites and part of the Natura 2000 network.

Special Protection Area (SPA) - Area classified in respect of bird species under Article 4 of the Birds Directive. All SPAs are European sites and part of the Natura 2000 network.

Contents

1.0 INTRODUCTION ...... 1

2.0 BACKGROUND ...... 1

European Sites Affected by the Development Plans ...... 1

Methodology for HRA ...... 2

Key Stages of the Habitats Regulations Appraisal Process for Plans ...... 3

3.0 SCREENING ...... 4

4.0 APPROPRIATE ASSESSMENT ...... 6

5. CUMULATIVE ASSESSMENT ...... 45

In-Plan In-Combination ...... 45

In-Combination With Other Plans And Projects ...... 45

6. CONCLUSION...... 47

Appendix A: Screening Matrix For The Fifeplan Spatial Strategy & Area Strategies ...... 48

Appendix B: Screening Matrix For The Fifeplan Policies ...... 53

Appendix C: Screening Matrix For The Fife Local Development Plan Candidate Sites ...... 56

Appendix D: New Proposals Screening ...... 69

Appendix E: Existing Proposals Requiring Screening Due To Changes ...... 77

Appendix F: Existing Proposals Carried Forward From Adopted Local Plans ...... 83

Appendix G: Re-Screening Matrix For The Fife Local Development Plan Sites ...... 95

Appendix H: Qualifying Interests, Conservation Objectives And Vulnerabilities Of Natura Sites ...... 115

Appendix I: Natura Site Maps (Map 1: North Fife And Tay Estuary) ...... 125

1.0 Introduction

1.1 Articles 6 (3) and (4) of the Habitats Directive 1992 apply to development plans in the United Kingdom. Regulations 85A to 85E of the Habitats Regulations transpose the requirements of Articles 6 (3) and (4) into UK law for land use plans and Regulation 48 for all other plans. The requirement is that before any competent authority submits a plan for approval, that is not directly connected with or necessary for the management of a European Natura 2000 site (either a Special Area of Conservation (SAC) designated under the Habitats Directive, or a Special Protection Area (SPA) classified under the Birds Directive), it must consider whether: (a) the plan is likely to have a significant effect on such a site, and where this is the case; (b) an appropriate assessment has been carried out of the likely impacts.

1.2 The competent authority shall agree to the plan only after having ascertained through appropriate assessment that it will not adversely affect the integrity of the site concerned. In exceptional circumstances, a plan or project may still be allowed to go ahead, in spite of a negative assessment, provided there are no alternative solutions and the plan or project is considered to be of overriding public interest. In such cases appropriate compensatory measures must be taken to ensure that the overall coherence of the Natura 2000 network is protected.

2.0 Background

2.1 The Town and Country Planning (Scotland) Act 1997 and Planning etc. (Scotland) Act 2006 requires every planning authority to prepare Local Development Plans . Fife is preparing a single Local Development Plan (FIFEplan) to replace the three plans currently in place: Mid Fife; St Andrews and East Fife; and, Dunfermline and West Fife. The Fife Development Plan provides the statutory policy framework for land use planning in Fife and will comprise the Strategic Development Plans for the Edinburgh (SESplan) and Dundee (TAYplan) city regions, and the Fife Local Development Plan.

2.2 This report has been produced alongside the Proposed Plan for FIFEplan. It provides a draft record of Habitats Regulations Appraisal.

2.3 Potential implications for European Sites have also been considered at earlier stages (including for the Main Issues Report published in January 2013 and the additional Consultation on the Development Strategy published in December 2013) in accordance with guidance. The HRA work for these earlier stages included a screening assessment of potential development (candidate) sites.

2.4 For the Proposed Plan, the screening carried out for the Candidate Sites has been updated. Screening has also been carried out for the Development Strategy and the Planning Policies. Where a likely significant effect has been identified for European Sites, these elements of the Plan have been taken forward for further assessment and if required Appropriate Assessment.

European Sites Affected by the Development Plans

2.5 Policies and proposals associated with the development plan have the potential to directly or indirectly impact on the conservation objectives of designated European sites.

2.6 There are seven designated European sites within Fife Council: • Cameron Reservoir SPA • Firth of Forth SPA • Firth of Tay and Eden Estuary SPA • Firth of Tay and Eden Estuary SAC • Forth Islands SPA • Isle of May SAC • Turflundie Wood SAC

2.7 The following European sites outside the Local Development Plan boundary have also been considered due to their proximity or links to the plan area, taking into account their qualifying interests: • Loch Leven SPA • River Tay SAC • River Teith SAC (upstream of the Forth Estuary)

2.8 All of the above European sites have been considered as part of the screening process for the habitats regulations appraisal. Appendix H sets out the qualifying interests, conservation objectives and vulnerabilities of then sites. Appendix I contains maps that show the location of the European sites within and around Fife.

Methodology for HRA

2.9 The methodology used for the Local Development Plan follows the SNH guidance – Habitats Regulations Appraisal of Plans – Guidance for Plan-Making Bodies in Scotland, (Version 2.0, August 2012),

2.10 This has included:

• Outlining the conservation objectives/qualifying interests of relevant Natura 2000 sites; • Screening of Candidate Sites to determine which of these are likely to have a significant effect on European sites, based on their conservation objectives/qualifying interests; • Screening of the Development Strategy, Planning Policies, and Plan Proposals as identified in the Proposed Plan for likely significant effects; • Screen for in-combination effects; • Identify mitigation measures to avoid likely significant effects and re-screen policies and proposals with mitigation measures applied; • Complete an Appropriate Assessment of policies and proposals identified as being likely to have a significant effect on the European sites, including: - demonstrating how the policy/proposal might affect sites; - outlining mitigation measures to be implemented to ensure the integrity of the European sites is not adversely affected by the specific policy/proposal; - ascertaining whether the specific policy/proposal can be implemented without adversely affecting the integrity of the European sites; and - assessing the likely cumulative effects of the policy/proposal.

2.11 The relationship between the key stages of the Habitats Regulations Appraisal and the Local Development Plan processes is set out on the following page.

2.12 Although it is up to the competent authority to decide when an Appropriate Assessment is required, Regulation 85B (2) of the Habitats Regulations states that the appropriate nature conservation body (in this instance Scottish Natural Heritage - SNH) must be consulted and that the competent authority should “have regard to any representations made by that body” . Therefore, the screening process and the Appropriate Assessment will be undertaken in consultation with Scottish Natural Heritage. 2

Key Stages of the Habitats Regulations Appraisal Process for Plans

Source: Habitats Regulations Appraisal of Plans – Guidance for Plan-Making Bodies in Scotland, (Version 2.0, August 2012), SNH

3 3.0 Screening

3.1 Screening has been carried out to identify those aspects of the Local Development Plan strategy, policies, and proposals that: • would have no likely significant effect on a European site • would have no likely significant effect but require consideration for ‘minor residual’ effects • could not be screened out and therefore require appropriate assessment.

3.2 ‘Likely significant effect’ is defined as any effect that may reasonably be predicted as a consequence of a plan or project that may undermine the conservation objectives of the features for which the site was designated.

3.3 Screening has been undertaken using the criteria below:

Screening step 1 – General policy statements, including ‘general criteria based policies Screening step 2 – Projects referred to in, but not proposed by, the plan Screening step 3 – No likely significant effects on any European site

a) 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;

b) Which will not themselves lead to development or other change, e.g. because they relate to design or other qualitative criteria for development or other kinds of change;

c) Which make provision for change but which could have no conceivable effect on a European site, because there is no link or pathway between them and the qualifying interests, or any effect would be a positive effect, or would not otherwise undermine the conservation objectives for the site;

d) Which make provision for change but which could have no significant effect on a European site (and hence is a minor residual effect), because any potential effects would be insignificant, being so restricted or remote from the site that they would not undermine the conservation objectives for the site;

e) For which effects on any particular European site cannot be identified, because the policy is too general, for example, it is not possible to identify where, when or how the policy may be implemented, or where effects may occur, or which sites, if any, may be affected. These aspects of the plan may also be very similar to or the same as those screened out under screening step 1, relating to general policy statements.

3.4 The results of the screening process are set out in Appendices A-F. The screening process took into consideration the conservation objectives and vulnerabilities for each site as detailed in Appendix H.

3.5 To inform the screening process the proposed sites location and size, surrounding land use, British Trust for Ornithology (BTO) tetrad data for the Firth of Forth (supplied by SNH) and where necessary Fife Nature Records Centre data were used, together with guidance received from SNH.

3.6 Where BTO tetrad data identified SPA qualifying species using an area or highlighted where information was lacking further data was requested from Fife Nature Records Centre.

3.7 Where Fife Nature data did not identify a site as being used by the SPA qualifying species at risk, the assessment was made that there was no link or pathway between the site and the qualifying species. These sites were therefore screened out of further assessment.

4 3.8 Sites with connectivity in terms of watercourses with potential water quality effects were screened in for likely significant effect on the water environment.

3.9 The majority of new sites in the Local Development Plan (i.e. not in Fife’s existing adopted Local Plans) have come forward through the Candidate Site process. Appendix C contains the screening of these sites.

3.10 There are also a number of new proposals that did not come forward through the Candidate Site process. Appendix D contains the screening of these sites.

3.11 Where existing allocations brought forward from Fife’s three adopted Local Plans have changed in a way that could potentially change their previous screening assessment these have been taken through screening again. Appendix E contains the screening of these sites.

3.12 Where existing allocations have been brought forward from Fife’s three adopted Local Plans, and where there has been no changes that would alter the previous screening determination these have been carried forward. Appendix F contains details of these sites and the screening decisions.

Rescreening

3.13 The screening process highlighted many proposals with potential to have an adverse impact on the integrity of a Natura 2000 site due to possible impacts on the water environment. Appropriate mitigation measures have been applied to safeguard against detrimental impacts arising through development. Taking this mitigation into account all sites screened in were re- screened (Appendix G). Mitigation applied will be included within the Local Development Plan as development requirements contained within the relevant proposal.

3.14 Following this re-screening the plan proposals below were identified as those likely to have a significant effect on a Natura 2000 site requiring Appropriate Assessment.

Proposed Location Description of Proposal Plan Ref

CHL 003 Land at Charlestown Development opportunity site. Harbour, Charlestown Site area 2Ha. GUA 004 Site of Former Curtis Employment 9.6Ha Papers, Guardbridge INV 009 Former Caldwell Mill, Employment – Classes 5 and 6 Inverkeithing KDY 039 Invertiel, Kirkcaldy Development Opportunity MET 010 Energy Park Fife, Methil Specialist Energy Park 54Ha MET 011 Methil Power Station Development Opportunity Site ROS 009 Rosyth Waterfront 2 Construction and employment (Use Classes 4, 5,or 6) STA 001 St Andrews West Housing, University accommodation, community facilities, retail, hotel, 10ha Strategic Development science park, 5ha business and 8 ha employment land (Classes 4, 5 and 6), Area care home. Link road from A91 to Craigtoun Road, greenspace including allotments, networks and landscaping STA 008 Strathtyrum, St Andrews Employment/ hotel LWD 022 Crail Airfield Other Proposal

3.15 The screening process identified no 'minor residual effects’ on any Natura 2000 site and therefore no in- combination assessment is required at this stage .

4.0 Appropriate Assessment

4.1 In response to the screening process an Appropriate Assessment was completed for the proposals outlined in section 3 (Screening). The Appropriate Assessment outlines any potential significant effects and mitigation measures that require to be implemented to avoid an adverse effect on the integrity of a Natura 2000 site. Proposal specific mitigation measures identified through the Appropriate Assessment will be included within the Local Development Plan as development requirements contained within the relevant proposal. This will ensure that the proposals have no adverse effect on the integrity of a Natura 2000 site.

The sections below describe each of the proposals that are likely to have a significant effect on a Natura site, how the proposal might affect the Natura 2000 site(s), and the required mitigation measures.

6 CHL 003: CHARLESTOWN HARBOUR (BALLAST BANK)

The site is immediately adjacent to the Firth of Forth SPA. The proposals for this site are not specific regarding what could come forward.

The council will work with the landowner and the local community to consider the regeneration potential of the site and the adjacent Charlestown Harbour and Charlestown Kilns. Any proposal for the site shall include plans and specifications for the repair and restoration of Charlestown Harbour and Charlestown Kilns and shall be based on appropriate environmental, conservation, design and technical assessments.

To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects.

Aspect of the plan likely to have significant effect CHL 003: Charlestown Harbour (Ballast Bank) Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation aspect of the plan would not adversely objectives affect the integrity of a European site. Potential impact on or permanent loss of intertidal As an additional precautionary measure, the Local Development Plan should No adverse impact on site integrity and terrestrial habitat within the SPA or used by state in the Development Requirements that development and works must not SPA birds for feeding and roosting. take place in the intertidal area. Access must not be taken over the foreshore.

Details of the proposal are not specific but must Therefore there will be no impact on or permanent loss of intertidal habitat include the repair and restoration of Charlestown within the SPA from any of the development uses proposed. Harbour and be based on appropriate environmental assessments. Based on consultation with SNH and data from Fife Nature local records centre the terrestrial area and the intertidal SPA area next to the proposal are not The proposal should not include any development known to support significant numbers of feeding and roosting birds. on or affecting the intertidal SPA area. Therefore there will be no loss of terrestrial habitat used by significant numbers The proposal does include redevelopment of the of SPA birds from any of the development uses proposed. terrestrial area which is scrub grassland used for informal recreational activities.

7 Aspect of the plan likely to have significant effect CHL 003: Charlestown Harbour (Ballast Bank) Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation aspect of the plan would not adversely objectives affect the integrity of a European site. Potential temporary disturbance to feeding and The terrestrial area and intertidal area next to the proposal are not known to No adverse impact on site integrity roosting SPA birds within the SPA or using areas support significant numbers of feeding and roosting birds and are currently outwith the SPA during construction through exposed to harbour and informal recreational activities causing noise and increased noise levels and movement disturbance. disturbance.

Redevelopment of the area will result in increased As a precautionary measure construction works will be restricted to avoid the noise and disturbance during construction. winter period (September – March) when there is potential for SPA birds to use the intertidal area.

Potential on-going disturbance to feeding and The terrestrial area and intertidal SPA area next to the proposal are not known No adverse impact on site integrity roosting SPA birds within the SPA or using areas to support significant numbers of feeding and roosting birds. outwith the SPA post development through increased noise, light and movement disturbance, These areas are currently exposed to harbour and informal recreational including increased boat traffic. activities causing noise, light and movement disturbance. Although the proposals for this site are not specific it is considered that regeneration in some Redevelopment of the area will likely result in an form is possible without a significant increase in disturbance. Appropriate overall increase in noise, lighting and disturbance. environmental assessments will be required of any regeneration plans and detailed proposals. This will include assessment of potential on-going disturbance post development e.g. noise, light and movement disturbance, including increased boat traffic.

Therefore it is concluded that there will be no adverse impact from on-going disturbance from development of this site.

Potential impact on water quality to the SPA from Compliance with SEPA requirements, guidelines and relevant best practise No adverse impact on site integrity construction operations and waste water discharges. guidance will control the risk of pollution events. Any discharges to the environment from private systems will need authorisation by SEPA under the Construction operations may result in an increased Water Environment (Controlled Activities) (Scotland) Regulations 2011. risk of pollution events. For permission to be granted and in order to ensure no adverse effects on the

The additional development will require waste water Firth of Forth SPA, the proposal must comply with Local Development Plan discharge management. Policies 1, 3, 12 and 13 and provide details of water discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

8 CHL 003 Development Requirements:

The following mitigation measure as outlined in the table above should be reflected in the CHL 003 Development Requirements in the Local Development Plan:

• Development and works must not take place in the intertidal area. Access must not be taken over the foreshore; • As a precautionary measure construction works will be restricted to avoid the winter period (September – March) when SPA birds will use the intertidal area; • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects. Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

Potential impact has been mitigated through prohibiting works in the intertidal area. Therefore there will be no impact on or permanent loss of habitat within the SPA or used by significant numbers of SPA birds from the development uses proposed.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance has been mitigated through the programming of construction. Disturbance to terrestrial areas was assessed as having no adverse impact on site integrity.

Potential on-going disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA post development through increased noise and light levels and movement disturbance including increased boat traffic:

There will be no adverse impact from on-going disturbance from development of this site.

Potential impact on water quality from construction operations and waste water discharges:

Potential impact controlled through compliance with relevant requirements and Local Development Plan Policies 1, 3, 12 and 13. Therefore, the proposal is assessed as having no adverse impact on site integrity.

9 GUA 004: Site of Former Curtis Fine Papers (9.6 ha)

A Development Framework is required, incorporating the key elements of the University of St Andrews’ development aspirations for the site and indicating how these elements work together, including: A Sustainable Power and Research Campus (SPARC); A 6.5 megawatt biomass plant with a linked district heating scheme relaying heat to the University’s North Haugh Campus in St Andrews; Business Units (Class 4).

There is potential for some residential accommodation for postgraduate students of the University to be provided as part of the development of the site, in which case a contribution to primary education provision will be required.

To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Tay and Eden Estuary SPA and SAC either alone or in combination with other plans or projects.

Aspect of the plan likely to have significant effect GUA 004: Site of Former Curtis Fine Papers Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation proposal would not adversely affect the objectives integrity of a European site

Potential impact on or permanent loss of intertidal As an additional precautionary measure, the Local Development Plan should No adverse impact on site integrity and terrestrial habitat within the SPA or used by state in the Development Requirements that development and works must not SPA birds for feeding and roosting. take place in the intertidal area. Access must not be taken over the foreshore.

The proposal is outwith the SPA and does not Therefore there will be no impact on or permanent loss of habitat within the SPA include any development on or affecting the from any of the development uses proposed. intertidal area. Based on data searches and consultation responses from SNH and the RSPB The proposal does include the redevelopment of the terrestrial area is not known to support significant numbers of feeding and terrestrial areas. This is primarily the papermill site roosting SPA birds. with other areas currently used for informal recreational activities. Therefore there will be no loss of terrestrial habitat used by significant numbers of SPA birds from any of the development uses proposed.

Potential impact on or permanent loss of intertidal As an additional precautionary measure, the Local Development Plan should No adverse impact on site integrity habitat for common seals within the SAC. state in the Development Requirements that development and works must not take place in the intertidal area. Access must not be taken over the foreshore. The proposal is outwith the SAC and does not include any development on or affecting the There will be no impact on or permanent loss of intertidal habitat within the SAC intertidal area. from any of the development uses proposed.

10 Aspect of the plan likely to have significant effect GUA 004: Site of Former Curtis Fine Papers Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation proposal would not adversely affect the objectives integrity of a European site

Potential temporary disturbance to feeding and The terrestrial area is not known to support significant numbers of feeding and No adverse impact on site integrity roosting SPA birds within the SPA or using areas roosting SPA birds. There are records of large numbers of SPA species using outwith the SPA during construction through the 1km square containing the site (recorded as the Eden Estuary) but no increased noise levels and movement disturbance. records specific to the site or intertidal area along the site’s sea defences.

Redevelopment of the area will result in increased As a precautionary measure any works along the sea defences will be restricted noise and disturbance during construction. to avoid the winter period (September – March) when there is potential for disturbance to SPA birds using the intertidal/SPA area adjacent to the site.

Potential temporary disturbance to common seals Within the SAC common seals utilise the sandbanks as haul-outs to rest, pup No adverse impact on site integrity within the SAC during construction through and moult. Available information indicates that the main haul-out sites are increased noise levels and movement disturbance. further east in the outer part of the estuary. The area adjacent to the proposal site is not identified as being used by large numbers of seals or by seals on a Redevelopment of the area will result in increased regular basis. noise and disturbance during construction. Therefore there will be no disturbance to common seals within the SAC during construction.

Potential on-going disturbance to feeding and The terrestrial area is not known to support significant numbers of feeding and No adverse impact on site integrity roosting SPA birds within the SPA or using areas roosting SPA birds. There are records of large numbers of SPA species using outwith the SPA post development through the 1km square containing the site (recorded as the Eden Estuary) but no increased noise, light and movement disturbance. records specific to the site or intertidal area along the site’s sea defences.

Redevelopment of the area will be unlikely to result The proposed development uses are all terrestrial based and are unlikely to in an overall increase in noise, lighting and result in an increase in disturbance levels above those experienced with the disturbance when compared to the previous paper mill. A Masterplan is to be produced for the site which will require EIA and industrial use. HRA.

It is concluded that there will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses.

11 Aspect of the plan likely to have significant effect GUA 004: Site of Former Curtis Fine Papers Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation proposal would not adversely affect the objectives integrity of a European site

Potential on-going disturbance to common seals Within the SAC common seals utilise the sandbanks as haul-outs to rest, pup No adverse impact on site integrity within the SAC post development through increased and moult. Available information indicates that the main haul-out sites are noise, light and movement disturbance. further east in the outer part of the estuary. The area adjacent to the proposal site is not identified as being used by large numbers of seals or by seals on a Redevelopment of the area will be unlikely to result regular basis. in an overall increase in noise, lighting and disturbance when compared to the previous Therefore there will be no on-going disturbance of areas within the SAC used industrial use. by common seals from the development uses proposed for this area.

Potential impact on water quality to the SPA and Compliance with SEPA requirements, guidelines and relevant best practise No adverse impact on site integrity SAC from construction operations and waste water guidance will control the risk of pollution events. Any discharges to the discharges. environment from private systems will need authorisation by SEPA under the Water Environment Controlled Activities) (Scotland) Regulations 2011. Construction operations may result in an increased risk of pollution events. For permission to be granted and in order to ensure no adverse effects on the

Firth of Tay and Eden Estuary SPA and SAC, the proposal must comply with The additional development will require waste water Local Development Plan Policies 1, 3,12 and 13 and provide details of water discharge management. discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

GUA 004 Development Requirements:

The following mitigation measures as outlined in the table above should be reflected in the GUA 004 Development Requirements in the Local Development Plan:

• Development and works must not take place in the intertidal area. Access must not be taken over the foreshore; • As a precautionary measure any works along the sea defences will be restricted to avoid the winter period (September – March); • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must not propose development within the intertidal area. In addition proposals must demonstrate that the development would not adversely affect the integrity of the Firth of Tay and Eden Estuary SPA/SAC either alone or in combination with other plans or projects. 12 Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

Potential impact on or permanent loss of intertidal habitat for common seals within the SAC:

Potential impact has been mitigated through prohibiting works in the intertidal area. Therefore there will be no impact on or permanent loss of intertidal habitat within the SAC from any of the development uses proposed.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance to the intertidal area has been mitigated through the programming of construction. Disturbance to terrestrial areas was assessed as having no adverse impact on site integrity.

Potential temporary disturbance to common seals within the SAC during construction through increased noise levels and movement disturbance:

There will be no disturbance to common seals within the SAC during construction.

There will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses.

Potential on-going disturbance to common seals within the SAC post development through increased noise, light and movement disturbance:

There will be no permanent disturbance of areas within the SAC used by common seals from the development uses proposed for this area.

Potential impact on water quality from construction operations and waste water discharges:

13 INV 009: Former Caldwell Mill (8.2 ha)

The Caldwell Mill site is identified for Employment – Classes 5 and/or 6.

The Local Plan states that road access issues must be resolved including local road network upgrades and town centre footpath links must be re-established and enhanced.

Aspect of the plan likely to have significant effect INV 009: Former Caldwell Mill Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation aspect of the plan would not adversely objectives affect the integrity of a European site

The proposal is outwith the SPA and does not Therefore there will be no impact on or permanent loss of habitat within the SPA include any development on or affecting the from any of the development uses proposed. intertidal area designated SPA. Based on data supplied by SNH together with data from Fife Nature local The proposal does include the redevelopment of records centre and the Forth Replacement Crossing ecological survey work terrestrial areas. mapping, the terrestrial grassland area is identified as supporting feeding, roosting and loafing SPA birds.

Therefore, development must include the retention and protection of the existing coastal fringe grassland to ensure that feeding, loafing and roosting habitat used by SPA birds is not lost.

With these measures in place it is concluded that there will be no adverse impact from loss of terrestrial habitat used by SPA species from the development uses proposed for this area.

14 Aspect of the plan likely to have significant effect INV 009: Former Caldwell Mill Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation aspect of the plan would not adversely objectives affect the integrity of a European site

Potential temporary disturbance to feeding and Based on data mainly from the Forth Replacement Crossing survey work No adverse impact on site integrity roosting SPA birds within the SPA or using areas mapping, the terrestrial area and intertidal SPA area bounding the proposal are outwith the SPA during construction through known to support feeding, roosting and loafing SPA birds with the main area of increased noise levels and movement disturbance. interest in the bay being the SPA/intertidal area to the south of Caldwell Mills and the sports ground. Redevelopment of the area will result in increased noise and disturbance during construction Therefore, all works on/along the sea wall and boundary grassland will be restricted to avoid the winter period (September – March) when SPA birds will use this terrestrial and intertidal area.

Development of the terrestrial area inland from the sea wall and boundary grassland i.e. the old mill buildings, is assessed as having no adverse impact on the qualifying interests through disturbance during construction due to the lack of use of this area by SPA birds and distance from areas known to be used.

Potential on-going disturbance to feeding and Based on data mainly from the Forth Replacement Crossing survey work No adverse impact on site integrity roosting SPA birds within the SPA or using areas mapping, the terrestrial area and intertidal SPA area bounding the proposal are outwith the SPA post development through known to support feeding, roosting and loafing SPA birds with the main area of increased noise, light and movement disturbance. interest in the bay being the SPA/intertidal area to the south of Caldwell Mills and the sports ground. Redevelopment of the area with the proposed development uses will likely result in an overall Therefore development must include the retention and protection of the existing increase in noise, lighting and disturbance. coastal fringe grassland and be designed to ensure that disturbance (including light pollution) of the intertidal area, sea wall and boundary grassland, post development, is minimised.

With these measures in place it is concluded that there will be no adverse impact from on-going disturbance from any of the development uses proposed.

15 Aspect of the plan likely to have significant effect INV 009: Former Caldwell Mill Implications for each qualifying interest of the Mitigation measures applied or taken into account in assessment Whether it can be ascertained that the European site in light of its conservation aspect of the plan would not adversely objectives affect the integrity of a European site

INV 009 Development Requirements:

The following mitigation measures as outlined in the table above should be reflected in the INV 009 Development Requirements in the Local Development Plan:

• Development and works must not take place in the intertidal area. Access must not be taken over the foreshore; • All works on/along the sea wall and boundary grassland will be restricted to avoid the winter period (September – March); • Development must include the retention and protection of the existing coastal fringe grassland and be designed to ensure that disturbance (including light pollution) of the intertidal area, sea wall and boundary grassland, post development, is minimised to protect SPA birds; • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects.

16 Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

Potential loss of habitat has been mitigated through prohibiting works in the intertidal area and retention of the coastal fringe grassland. Therefore there will be no adverse impact from loss of habitat used by SPA species from the development uses proposed.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance to birds within the SPA or on/along the sea wall and boundary grassland has been mitigated through the programming of construction. Disturbance to terrestrial areas inland was assessed as having no adverse impact on site integrity.

Potential on-going disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA post development through increased noise and light levels and movement disturbance:

Potential permanent disturbance has been mitigated through retention of the coastal fringe grassland and requirements on design to minimise disturbance. Therefore there will be no adverse impact on SPA species from the development uses proposed.

Potential impact on water quality from construction operations and waste water discharges:

17 KDY 039: Invertiel (2.5ha)

This site is identified as a development opportunity. Preferred uses for this site are: Residential; Class 4; Leisure and tourism; Infrastructure for a cross Forth transport link.

Land at the Stagecoach Bus Garages site will be safeguarded for a potential cross Forth transport link. New development must provide quality and active frontages onto Rope Walk and towards the coast.

Aspect of the plan likely to have significant effect KDY 039: Invertiel Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on or permanent loss of habitat within the SPA or The cross Forth transport link could include construction on the No adverse impact on site integrity used by SPA birds for feeding and roosting. foreshore. A planning application was previously submitted for a hovercraft service and an appropriate assessment carried out. The proposal is to create a mixed use scheme on a brownfield This concluded that it was possible to introduce mitigation site. All but one element, the cross Forth transport link, are measures through conditions, which would ensure no adverse outwith the SPA and do not include any development on or effect on the integrity of the Firth of Forth SPA. affecting the intertidal area which is designated SPA. Therefore, potentially there could be minor permanent loss of intertidal habitat within the SPA for the cross Forth transport link element of the proposal. However, it has been assessed that there would be no adverse effect on the integrity of the Firth of Forth SPA.

Based on consultation responses from SNH and the RSPB these areas are not known to support significant numbers of feeding and roosting birds.

Therefore there will be no loss of terrestrial habitat used by No adverse impact on site integrity significant numbers of SPA birds from the development uses proposed.

18 Aspect of the plan likely to have significant effect KDY 039: Invertiel Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential temporary disturbance to feeding and roosting SPA As detailed above, the area is not known to support significant No adverse impact on site integrity birds within the SPA or using areas outwith the SPA during numbers of feeding and roosting birds and is currently exposed to construction through increased noise levels and movement activities causing noise and disturbance. disturbance. As a precautionary measure all works along the sea Redevelopment of the area will result in increased noise and wall/defences and high tide line will be restricted to avoid the disturbance during construction. winter period (September – March) when there is potential for disturbance to SPA birds using the intertidal/SPA area.

Potential on-going disturbance to feeding and roosting SPA birds The area is not known to support significant numbers of feeding No adverse impact on site integrity within the SPA or using areas outwith the SPA post development and roosting birds and is currently exposed to activities causing through increased noise and light levels and movement noise and disturbance. disturbance. Therefore it is concluded that there will be no permanent Redevelopment of the area will likely result in an overall increase disturbance of significant numbers of SPA birds within the SPA or in noise, lighting and disturbance. using areas outwith the SPA from the proposed development uses.

Activities below the low water mark are outwith the jurisdiction of the Local Planning Authority.

Potential impact on water quality from construction operations and Compliance with SEPA requirements, guidelines and relevant No adverse impact on site integrity waste water discharges. best practise guidance will control the risk of pollution events. Any discharges to the environment from private systems will need Construction operations may result in an increased risk of authorisation by SEPA under the Water Environment (Controlled pollution events. Activities) (Scotland) Regulations 2011.

The development will require waste water discharge For permission to be granted and in order to ensure no adverse management. effects on the Firth of Forth SPA, the proposal must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

19 KDY 039 Development Requirements:

The following mitigation measures as outlined in the table above should be reflected in the KDY039 Development Requirements in the Local Development Plan:

• As a precautionary measure all works on/along the sea wall/defences and high tide line must be restricted to avoid the winter period (September – March); • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects. Conclusion Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting :

The development of a cross Forth transport link could result in minor permanent loss of intertidal/SPA habitat. However, there will be no loss of habitat used by significant numbers of SPA birds from the development uses proposed. It has been assessed that there will be no adverse effect on the integrity of the Firth of Forth SPA.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance to the intertidal area/SPA has been mitigated through the programming of construction. Disturbance to terrestrial areas was assessed as having no adverse impact on site integrity.

Potential on-going disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA post development through increased noise and light levels and movement disturbance:

There will be no permanent disturbance of significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses. In regard to the cross Forth transport link, the appropriate assessment submitted with the previous hovercraft planning application concluded that either no impact would occur or it was possible to introduce mitigation measures through conditions, which will ensure no adverse effect on the integrity of the Firth of Forth SPA.

Potential impact on water quality from construction operations and waste water discharges:

Energy Park Fife, Methil is a project of national importance and is designated within the Scottish Government’s National Renewables Infrastructure Plan. This facility will create renewable energy assembly, fabrication, and research and development facilities. Land reclamation as a part of this is being investigated. In addition, the potential exists to demonstrate renewable energy generation on site where appropriate.

Aspect of the plan likely to have significant effect MET 010: Energy Park Fife Implications for each qualifying interest of the Mitigation measures applied or taken into account in Whether it can be ascertained that the European site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on or permanent loss of habitat within the The potential for some land reclamation along this site could result in No adverse impact on site integrity SPA or used by SPA birds for feeding and roosting. loss of habitat within the SPA.

The proposal is for the development of a brownfield site for Based on consultation responses from SNH and the RSPB, the renewable energy facilities. Of the 54.2 ha site about 35 ha terrestrial area and adjacent intertidal and SPA area are not known to support significant numbers of feeding and roosting SPA birds. already has planning consent or is under option leaving only 16-20 ha. Information submitted under Section 36 Electricity Act for a turbine in this area indicates that SPA species occur infrequently or in small numbers The proposal includes the redevelopment of terrestrial in their survey area. For all SPA species the assessment concluded that areas. It also includes the potential for some land the magnitude of potential effects on the species populations was reclamation although is not specific regarding what could negligible. The integrity of the Firth of Forth SPA would not be adversely come forward. affected.

The HRA for the National Renewables Investment Plan (NRIP)

identified the following requirements for project level assessment and mitigation:

Further detailed assessment (e.g. numerical modelling) required at project level to ascertain any likely significant effect and the need for additional mitigation measures;

Avoid or use alternative sites – if at the individual project level land reclamation is proposed and could result in the permanent loss of habitat within the SPA, this should be discussed at the earliest opportunity with Fife Council as the competent authority and SNH to ascertain what additional consideration may be required; 21 Aspect of the plan likely to have significant effect MET 010: Energy Park Fife Implications for each qualifying interest of the Mitigation measures applied or taken into account in Whether it can be ascertained that the European site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Additional mitigation measures might include modifying construction design to avoid loss of habitats and recharging sensitive areas subject to erosion with sediment.

Therefore, although potentially there could be some minor permanent loss of intertidal habitat within the SPA for the land reclamation element of the proposal, it has been assessed that there would be no adverse effect on the integrity of the Firth of Forth SPA.

There will be no permanent loss of terrestrial habitat outwith the SPA used by significant numbers of SPA birds from the development uses proposed.

Potential temporary disturbance to feeding and roosting The terrestrial area and adjacent intertidal and SPA area are not known No adverse impact on site integrity SPA birds within the SPA or using areas outwith the SPA to support significant numbers of feeding and roosting SPA birds and are during construction through increased noise levels and currently exposed to activities causing noise and disturbance. movement disturbance. Therefore there will be no disturbance of areas used by significant Development of the area will result in increased noise and numbers of SPA birds from construction works. disturbance during construction. As a precautionary measure all works adjacent to the sea wall will be restricted to avoid the winter period (September – March) when there is potential for disturbance to SPA birds using the intertidal and SPA area. Potential on-going disturbance to feeding and roosting SPA As indicated above, the terrestrial area and adjacent intertidal and SPA No adverse impact on site integrity birds within the SPA or using areas outwith the SPA post area are not known to support significant numbers of feeding and development through increased noise and light levels and roosting birds. This proposal is already part implemented and comprises movement disturbance including increased boat traffic. of renewable energy assembly, fabrication and research and development facilities resulting in noise, light and movement Redevelopment of the area will likely result in an overall disturbance. Therefore the proposed development will not result in a increase in noise and disturbance. significant increase in these types of disturbances.

Therefore it is concluded that there will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using

22 Aspect of the plan likely to have significant effect MET 010: Energy Park Fife Implications for each qualifying interest of the Mitigation measures applied or taken into account in Whether it can be ascertained that the European site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

areas outwith the SPA from the proposed development uses.

Potential impact on water quality from construction Compliance with SEPA requirements, guidelines and relevant best No adverse impact on site integrity operations and waste water discharges. practise guidance will control the risk of pollution events. Any discharges to the environment from private systems will need authorisation by SEPA Construction operations may result in an increased risk of under the Water Environment (Controlled Activities) (Scotland) pollution events. Regulations 2011.

The additional development will require waste water For permission to be granted and in order to ensure no adverse effects discharge management. on the Firth of Forth SPA, the proposal must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

MET 010 Development Requirements:

The following mitigation measures as outlined in the table above should be reflected in the MET 010 Development Requirements in the Local Development Plan:

• Further detailed assessment (e.g. numerical modelling) required at project level to ascertain any likely significant effect and the need for additional mitigation measures; • Avoid or use alternative sites – if at the individual project level land reclamation is proposed and could result in the permanent loss of habitat within the SPA, this should be discussed at the earliest opportunity with Fife Council as the competent authority and SNH to ascertain what additional consideration may be required; • Additional mitigation measures might include modifying construction design to avoid loss of habitats and recharging sensitive areas subject to erosion with sediment. • As a precautionary measure all works adjacent to the sea wall must be restricted to avoid the winter period (September – March);

23 • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects.

Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

The potential for some land reclamation along this site could result in minor permanent loss of intertidal/SPA habitat. However, there will be no loss of habitat used by significant numbers of SPA birds from the development proposed. It has been assessed that there will be no adverse effect on the integrity of the Firth of Forth SPA.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance to the intertidal area has been mitigated through the programming of construction. Disturbance to terrestrial areas was assessed as having no adverse impact on site integrity.

There will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses.

Potential impact on water quality from construction operations and waste water discharges:

24 MET 011: Methil Power Station (4.4ha)

This site is identified as a development opportunity. Given the prominence of this site within the Levenmouth area any proposed development must be of high quality. A design framework should be produced to provide detailed design guidance for development within this area and reflect recommendations from the Bawbee Bridge design led consultation charrette in 2013.

The preferred uses within this area are: Leisure; Tourism: and Businesses, supporting the development of energy including renewables.

Aspect of the plan likely to have significant effect MET 011: Methil Power Station Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on or permanent loss of habitat within the SPA or As an additional precautionary measure, the Local Development No adverse impact on site integrity used by SPA birds for feeding and roosting. Plan should state in the Development Requirements that development and works must not take place in the intertidal area. The proposal does not include any development on or affecting Access must not be taken over the foreshore. the intertidal/SPA area. There are no proposals to alter the sea wall. Therefore there will be no impact on or permanent loss of habitat

within the SPA from any of the development uses proposed. The proposal does include the redevelopment of a terrestrial area that is the former Methil Power Station site. Based on consultation responses from SNH and the RSPB together with data from Fife Nature local records centre and the

Fife Bird Recorder the terrestrial area is not known to support significant numbers of feeding and roosting SPA birds.

Therefore there will be no permanent loss of habitat used by significant numbers of SPA birds from the development uses proposed.

25 Aspect of the plan likely to have significant effect MET 011: Methil Power Station Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential temporary disturbance to feeding and roosting SPA As indicated above, the terrestrial area is not known to support No adverse impact on site integrity birds within the SPA or using areas outwith the SPA during significant numbers of feeding and roosting SPA birds. There are construction through increased noise levels and movement records of SPA species using the area to the east at the mouth of disturbance. the River Leven and suggesting that some birds use the power station sea wall. However, as the sea wall will not be subject to Redevelopment of the area will result in increased noise and development it is concluded that there will be no disturbance of disturbance during construction. areas used by significant numbers of SPA birds from the development.

As a precautionary measure all works will be restricted to avoid the winter period (September – March) when there is potential for disturbance to SPA birds using the sea wall and intertidal/SPA area.

Potential on-going disturbance to feeding and roosting SPA birds The terrestrial area is not known to support significant numbers of No adverse impact on site integrity within the SPA or using areas outwith the SPA post development feeding and roosting SPA birds. There are records of SPA through increased noise and light levels and movement species using the area to the east at the mouth of the River Leven disturbance. and suggesting that some birds use the power station sea wall.

Redevelopment of the area will be unlikely to result in an overall The proposed development uses are all terrestrial based and are increase in noise, lighting and disturbance when compared to the unlikely to result in an increase in disturbance levels above those power station. experienced with the power station.

Therefore it is concluded that there will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses.

26 Aspect of the plan likely to have significant effect MET 011: Methil Power Station Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

The additional development will require waste water discharge For permission to be granted and in order to ensure no adverse management. effects on the Firth of Forth SPA, the proposal must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

MET 011 Development Requirements:

The following mitigation measures as outlined in the table above should be reflected in the MET 011 Development Requirements in the Local Development Plan:

• Development and works must not take place in the intertidal area. Access must not be taken over the foreshore; • As a precautionary measure all works must be restricted to avoid the winter period (September – March); • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects.

27 Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

Potential loss of habitat has been mitigated through prohibiting works in the intertidal area. Therefore there will be no impact on or permanent loss of habitat within the SPA or used by significant numbers of SPA birds from the development uses proposed.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance to the intertidal area has been mitigated through the programming of construction. Disturbance to terrestrial areas was assessed as having no adverse impact on site integrity.

There will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses.

Potential impact on water quality from construction operations and waste water discharges:

28 ROS 009: Rosyth Waterfront 2 (13.6 ha)

The site will be used for business, general industry and storage/distribution uses. Classes 4, 5 and 6 of the Town & Country Planning (Use Classes) (Scotland) Order 1997.

Aspect of the plan likely to have significant effect ROS 009: Rosyth Waterfront 2 Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on or permanent loss of intertidal and terrestrial As an additional precautionary measure, the Local Development No adverse impact on site integrity habitat within the SPA or used by SPA birds for feeding and Plan should state in the Development Requirements that roosting. development and works must not take place in the intertidal area. Access must not be taken over the foreshore. The proposal is outwith the SPA and does not include any development on or affecting the SPA or intertidal area adjacent to Therefore there will be no impact on or permanent loss of habitat the SPA. within the SPA from any of the development uses proposed.

The proposal does include the redevelopment of terrestrial areas. Based on consultation responses from SNH and the RSPB together with data from Fife Nature local records centre and the Forth Replacement Crossing ecological survey work, the site and intertidal area adjacent are not identified as supporting significant numbers of feeding and roosting birds.

Therefore there will be no loss of habitat used by significant numbers of SPA birds from the development uses proposed for this area.

29 Aspect of the plan likely to have significant effect ROS 009: Rosyth Waterfront 2 Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential temporary disturbance to feeding and roosting SPA The terrestrial area and intertidal area next to the proposal are not No adverse impact on site integrity birds within the SPA or using areas outwith the SPA during known to support significant numbers of feeding and roosting construction through increased noise levels and movement birds and are currently exposed to surrounding dockyard activities disturbance. causing noise and disturbance.

Redevelopment of the area will result in increased noise and As a precautionary measure all works on/along the sea wall will disturbance during construction. be restricted to avoid the winter period (September – March) when there is potential for SPA birds to use the intertidal area, although this is outwith the SPA.

Due to the type of habitat present in the terrestrial area, current disturbance levels and information that the proposal area is not known to support significant numbers of feeding or roosting birds, other works on the terrestrial area are assessed as having no adverse impact through disturbance during construction on the qualifying interests within or outwith the SPA.

Potential on-going disturbance to feeding and roosting SPA birds As indicated above, the terrestrial area and intertidal area next to No adverse impact on site integrity within the SPA or using areas outwith the SPA post development the proposal are not known to support significant numbers of through increased noise, light and movement disturbance. feeding and roosting birds and are currently exposed to surrounding dockyard activities causing noise, light and Redevelopment of the area with the proposed development uses movement disturbance. will likely result in an overall slight increase in noise, lighting and disturbance. Therefore it is concluded that there will be no adverse impact from on-going disturbance from any of the development uses proposed.

30 Aspect of the plan likely to have significant effect ROS 009: Rosyth Waterfront 2 Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on water quality to the SPA from construction Compliance with SEPA requirements, guidelines and relevant No adverse impact on site integrity operations and waste water discharges. best practise guidance will control the risk of pollution events. Any discharges to the environment from private systems will need Construction operations may result in an increased risk of authorisation by SEPA under the Water Environment (Controlled pollution events. Activities) (Scotland) Regulations 2011.

ROS 009 Development Requirements:

The following mitigation measures as outlined in the table above should be reflected in the ROS 009 Development Requirements in the Local Development Plan:

• Development and works must not take place in the intertidal area. Access must not be taken over the foreshore; • As a precautionary measure all works on/along the sea wall will be restricted to avoid the winter period (September – March); • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Forth SPA either alone or in combination with other plans or projects.

31 Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

Potential loss of habitat has been mitigated through prohibiting works in the intertidal area. Therefore there will be no loss of habitat within the SPA or used by significant numbers of SPA birds from the development uses proposed.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

Potential disturbance to the intertidal area has been mitigated through the programming of construction. Disturbance to terrestrial areas was assessed as having no adverse impact on site integrity.

Potential on-going disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA post development through increased noise and light levels and movement disturbance:

There will be no adverse impact from permanent disturbance from any of the development uses proposed.

Potential impact on water quality from construction operations and waste water discharges:

32 STA 001: St Andrews West Strategic Development Area (116 ha)

Housing, University accommodation, community facilities, retail, hotel, 10ha science park, 5ha business and 8 ha employment land (Classes 4, 5 or 6), care home. Link road from A91 to Craigtoun Road, greenspace including allotments, networks and landscaping.

To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Tay and Eden Estuary SPA and SAC, either alone or in combination with other plans or projects.

Aspect of the plan likely to have significant effect STA 001: St Andrews West Strategic Development Area Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on or permanent loss of intertidal and terrestrial There will be no impact on or permanent loss of intertidal habitat No adverse impact on site integrity habitat within the SPA or used by SPA birds for feeding and within the SPA from any of the development uses proposed. roosting. The proposal includes the development of agricultural land. The proposal is 650m at closest from the SPA at West Sands and Based on data searches and consultation responses from SNH 1.2km from the SPA at the Eden Estuary to the north, and does and the RSPB the terrestrial area is not known to support not include any development on or affecting the intertidal area. significant numbers of feeding and roosting SPA birds.

The proposal does include the development of terrestrial areas. Therefore there will be no loss of terrestrial habitat used by significant numbers of SPA birds from any of the development uses proposed.

Potential impact on or permanent loss of intertidal habitat for There will be no impact on or permanent loss of intertidal habitat No adverse impact on site integrity common seals within the SAC. within the SAC from any of the development uses proposed.

The proposal is approximately 650m at closest from the SAC at West Sands and 1.2km from the SAC at the Eden Estuary to the north, and does not include any development on or affecting the intertidal area.

Potential temporary disturbance to feeding and roosting SPA The proposal is inland and therefore there will be no construction No adverse impact on site integrity birds within the SPA or using areas outwith the SPA during disturbance to SPA birds within the SPA from this development. construction through increased noise levels and movement disturbance. Based on data checks and consultation responses from SNH and the RSPB the area is not identified as supporting significant 33 Aspect of the plan likely to have significant effect STA 001: St Andrews West Strategic Development Area Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

The proposal is 650m at closest from the SPA at West Sands and numbers of feeding and roosting SPA birds. 1.2km from the SPA at the Eden Estuary to the north, and so will not cause disturbance to feeding or roosting birds within the SPA. Therefore there will be no disturbance of areas used by significant numbers of SPA birds from the development proposed for this However, if the agricultural land within the land allocation is used area. by SPA qualifying species for feeding and roosting then disturbance could occur.

Potential temporary disturbance to common seals within the SAC The proposal is distant from the SAC and its qualifying species No adverse impact on site integrity during construction through increased noise levels and movement which are confined to the designated area. Therefore there is no disturbance. potential for disturbance to common seals during construction.

The proposal is 650m at closest from the SAC at West Sands and 1.2km from the SAC at the Eden Estuary to the north.

Potential on-going disturbance to feeding and roosting SPA birds If access to the south shore of the estuary was promoted with No adverse impact on site integrity within the SPA or using areas outwith the SPA post development new or improved access being provided from the proposed through increased noise, light and movement disturbance. development then there could potentially be increased recreational pressure and disturbance to the designated site and The proposal is 650m at closest from the SPA at West Sands and qualifying bird species although it is more than 1km away. 1.2km from the SPA at the Eden Estuary to the north, therefore any potential on-going disturbance would be indirect, the result of However, there are no plans to improve or create new increased recreation to the shore. access/recreational routes from the proposed development site to the estuary.

The St Andrews West Development Framework diagram identifies pedestrian links into St Andrews town only.

Developer requirements identify the need to establish new high quality greenspace as an integral part of the wider green network within the site, thereby taking pressure off surrounding areas.

Therefore there will be no significant increase in disturbance to SPA qualifying bird species from the development uses proposed.

34 Aspect of the plan likely to have significant effect STA 001: St Andrews West Strategic Development Area Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential on-going disturbance to common seals within the SAC Within the SAC common seals utilise the sandbanks as haul-outs No adverse impact on site integrity post development through increased noise, light and movement to rest, pup and moult. Available information indicates that the disturbance. main haul-out sites are in the outer part of the estuary, on the north shore. The proposal is 650m at closest from the SAC at West Sands and 1.2km from the SAC at the Eden Estuary to the north, therefore Therefore there will be no significant increase in disturbance to any potential on-going disturbance would be indirect, the result of areas within the SAC used by common seals from the increased recreation to the shore. development uses proposed for this area.

Potential impact on water quality to the SPA and SAC from Compliance with SEPA requirements, guidelines and relevant No adverse impact on site integrity construction operations and waste water discharges. best practise guidance will control the risk of pollution events. Any discharges to the environment from private systems will need Construction operations may result in an increased risk of authorisation by SEPA under the Water Environment Controlled pollution events. Activities) (Scotland) Regulations 2011.

For permission to be granted and in order to ensure no adverse effects on the Firth of Tay and Eden Estuary SPA and SAC, the The additional development will require waste water discharge proposal must comply with Local Development Plan Policies 1, 3, management. 12 and 13 and provide details of water discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

STA 001 Development Requirements:

The following mitigation measure as outlined in the table above should be reflected in the STA 001 Development Requirements in the Local Development Plan:

• Proposals must comply with Local Development Plan Policies 1, 3,12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Tay and Eden Estuary SPA/SAC either alone or in combination with other plans or projects. 35 Conclusion

Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting:

There will be no impact on or permanent loss of habitat within the SPA or used by significant numbers of SPA birds from any of the development uses proposed.

Potential impact on or permanent loss of intertidal habitat for common seals within the SAC:

There will be no impact on or permanent loss of habitat within the SAC from any of the development uses proposed.

Potential temporary disturbance to feeding and roosting SPA birds within the SPA or using areas outwith the SPA during construction through increased noise levels and movement disturbance:

There will be no disturbance of areas within the SPA or used by significant numbers of SPA birds during construction.

Potential temporary disturbance to common seals within the SAC during construction through increased noise levels and movement disturbance:

There will be no disturbance to common seals within the SAC during construction.

There will be no permanent disturbance of areas used by significant numbers of SPA birds within the SPA or using areas outwith the SPA from the proposed development uses.

Potential on-going disturbance to common seals within the SAC post development through increased noise, light and movement disturbance:

There will be no permanent disturbance of areas within the SAC used by common seals from the development uses proposed for this area.

Potential impact on water quality from construction operations and waste water discharges:

36 STA 008: Strathtyrum (7.1 ha)

The employment potential of the site suits research and development, high technology development, proposals which require links to the university. General industrial use is not appropriate. Hotel use would also be acceptable as part of a development of the site.

To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Tay and Eden Estuary SPA and SAC, either alone or in combination with other plans or projects.

Aspect of the plan likely to have significant effect STA 008: Strathtyrum Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential impact on or permanent loss of intertidal and terrestrial The proposal is approximately 800m from the SPA at West Sands No adverse impact on site integrity habitat within the SPA or used by SPA birds for feeding and and 1.1km from the SPA at the Eden Estuary to the north and roosting. therefore there will be no impact on or permanent loss of intertidal habitat within the SPA from any of the development uses The proposal is approximately 800m from the SPA at West Sands proposed. and 1.1km from the SPA at the Eden Estuary to the north, and does not include any development on or affecting the intertidal The proposal includes the development of agricultural land. Based area. on data searches and consultation responses from SNH the terrestrial area is not known to support significant numbers of The proposal does include the development of terrestrial areas. feeding and roosting SPA birds.

Therefore there will be no loss of terrestrial habitat used by significant numbers of SPA birds from any of the development uses proposed.

Potential impact on or permanent loss of intertidal habitat for The proposal is approximately 800m from the SAC at West Sands No adverse impact on site integrity common seals within the SAC. and 1.1km from the SAC at the Eden Estuary to the north and therefore there will be no impact on or permanent loss of intertidal The proposal is approximately 800m from the SAC at West Sands habitat within the SAC from any of the development uses and 1.1km from the SAC at the Eden Estuary to the north, and proposed. does not include any development on or affecting the intertidal area.

37 Aspect of the plan likely to have significant effect STA 008: Strathtyrum Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

Potential temporary disturbance to feeding and roosting SPA The proposal is inland and therefore there will be no construction No adverse impact on site integrity birds within the SPA or using areas outwith the SPA during disturbance to SPA birds within the SPA from this development. construction through increased noise levels and movement disturbance. Based on data checks and consultation responses from SNH the area is not identified as supporting significant numbers of feeding The proposal is approximately 800m from the SPA at West Sands and roosting SPA birds. and 1.1km from the SPA at the Eden Estuary to the north, and so will not cause disturbance to feeding or roosting birds within the Therefore there will be no disturbance of areas used by significant SPA. numbers of SPA birds from the development proposed for this area. However, if the agricultural land within the land allocation is used by SPA qualifying species for feeding and roosting then disturbance could occur.

Potential temporary disturbance to common seals within the SAC The proposal is approximately 800m from the SPA at West Sands No adverse impact on site integrity during construction through increased noise levels and movement and 1.1km from the SAC at the Eden Estuary to the north. disturbance. Qualifying species are confined to the designated area. Therefore there is no potential for disturbance to common seals during The proposal is approximately 800m from the SAC at West Sands construction. and 1.1km from the SAC at the Eden Estuary to the north.

Potential on-going disturbance to feeding and roosting SPA birds If access to the south shore of the Eden estuary was promoted No adverse impact on site integrity within the SPA or using areas outwith the SPA post development with new or improved access being provided from the proposed through increased noise, light and movement disturbance. development then there could potentially be increased recreational pressure and disturbance to the designated site and The proposal is approximately 800m from the SPA at West Sands qualifying bird species. and 1.1km from the SPA at the Eden Estuary to the north, therefore any potential on-going disturbance would be indirect, However, there are no plans to improve or create new the result of increased recreation to the shore. access/recreational routes from the proposed development site to the estuary.

The proposal requires high standards of design and landscaping and links to the university. The Developer Requirements identify the need to establish a high quality active travel connection to the

38 Aspect of the plan likely to have significant effect STA 008: Strathtyrum Implications for each qualifying interest of the European Mitigation measures applied or taken into account in Whether it can be ascertained that the site in light of its conservation objectives assessment aspect of the plan would not adversely affect the integrity of a European site

north-east to link to the established route that provides connections to the town centre.

Therefore there will be no significant increase in disturbance to SPA qualifying bird species from the development uses proposed.

Potential on-going disturbance to common seals within the SAC Within the SAC common seals utilise the sandbanks as haul-outs No adverse impact on site integrity post development through increased noise, light and movement to rest, pup and moult. Available information indicates that the disturbance. main haul-out sites are in the outer part of the estuary, on the north shore. The proposal is approximately 800m from the SAC at West Sands and 1.1km from the SAC at the Eden Estuary to the north, Therefore there will be no significant increase in disturbance to therefore any potential on-going disturbance would be indirect, areas within the SAC used by common seals from the the result of increased recreation to the shore. development uses proposed for this area.

Potential impact on water quality to the SPA and SAC from Compliance with SEPA requirements, guidelines and relevant best No adverse impact on site integrity construction operations and waste water discharges. practise guidance will control the risk of pollution events. Any discharges to the environment from private systems will need Construction operations may result in an increased risk of authorisation by SEPA under the Water Environment Controlled pollution events. Activities) (Scotland) Regulations 2011.

The additional development will require waste water discharge For permission to be granted and in order to ensure no adverse management. effects on the Firth of Tay and Eden Estuary SPA and SAC, the proposal must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management. If upgrades to the present waste water treatment works are needed this will be required before development can commence.

STA 008 Development Requirements:

The following mitigation measure as outlined in the table above should be reflected in the STA 008 Development Requirements in the Local Development Plan: 39 • Proposals must comply with Local Development Plan Policies 1, 3, 12 and 13 and provide details of water discharge management; and • To be in accordance with the Local Development Plan and for permission to be granted, detailed proposals, including applications for planning permission in principle, must demonstrate that the development would not adversely affect the integrity of the Firth of Tay and Eden Estuary SPA/SAC either alone or in combination with other plans or projects. Conclusion Potential impact on or permanent loss of habitat within the SPA or used by SPA birds for feeding and roosting: