FC Draft Habitats Regulations Appraisal
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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. i 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 ii 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. 1 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