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Draft HRA Record Submitted to SNH Alongside Proposed Plan

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Draft HRA Record Submitted to SNH Alongside Proposed Plan FALKIRK Local Development Plan DRAFT HABITATS REGULATIONS APPRAISAL RECORD April 2013 Contents 1. Background and HRA Methodology 1.1 Background 1.2 HRA Methodology 1.3 Stage 1 – Should the Proposed Plan be subject to HRA? 2. Potentially affected European Sites 2.1 Stage 2 - European Sites that should be considered in the appraisal. 2.2 Stage 3 – Background Information about Natura 2000 sites likely to be affected 3. Screening the Plan 3.1 Stage 5 – Screening for likely significant effects on a Natura 2000 Site. 3.2 Stage 6 – Applying screening stage mitigation measures 3.3 Stage 7 – Re-screening the Plan 4. Appropriate Assessment 4.1 Firth of Forth SPA Page 44 - 96 4.2 Slamannan Plateau SPA Page 97 - 119 4.3 Black Loch Moss SAC Page 120 - 123 4.4 River Teith SAC Page 124 - 149 1. Background and HRA Methodology 1.1 Background 1.1.1 This report documents the findings of the Habitats Regulations Appraisal of likely effects of the Falkirk Local Development Plan Proposed Plan (the Proposed Plan) upon the qualifying interest features of the following Natura 2000 sites: Firth of Forth Special Protection Area (SPA); Slamannan Plateau SPA; Black Loch Moss Special Area of Conservation (SAC); and River Teith SAC. 1.1.2 Habitats Regulations Appraisal (HRA) is the term used to describe the process of considering the effect of a policy, project or plan upon sites of European Importance. It encompasses preliminary “screening” of the plan (i.e. a broad-brush consideration of what aspects of the plan (if any) need to be considered for their effects on a European site), and the “Appropriate Assessment” (AA) which considers in detail the likely consequences of the plan upon the integrity of the qualifying interest features of the European site. A full description of the legislative basis for HRA and the steps required is set out in “Habitats Regulations Appraisal of Plans Guidance for Plan-Making bodies in Scotland” published by SNH (2012). 1.2 HRA Methodology 1.2.1 The approach taken follows best practice advice for plan-making bodies published by Scottish Natural Heritage1 (SNH), hereafter referred to as “SNH Guidance”. It has also been informed by other relevant guidance, including that published by the EC. 1.2.2 Consideration of the likely effects of the Proposed Plan upon European Sites has been integral to its development. The key stages for HRA are set out in Table 1 below, which is based on the best practice advice published by SNH: Table 1: Key Stages of Habitats Regulations Appraisal Stage of HRA Description of Stage Stage 1 Decide whether plan is subject to Habitats Regulations Appraisal Stage 2 If plan is subject to appraisal, identify European sites that should be considered in the appraisal Stage 3 Gather information about the European sites Stage 4 Discretionary consultation on the method and scope of the appraisal Stage 5 Screen the plan for likely significant effects on a European site Stage 6 Apply mitigation measures Stage 7 Re-screen the plan after mitigation measures applied Stage 8 Undertake an Appropriate Assessment in view of conservation objectives (if significant effects still likely after mitigation has been applied) Stage 9 Apply mitigation measures until there is no adverse effect on site integrity Stage 10 Prepare a draft record of the HRA 1 Tyldesley, 2012 for SNH 3 Paragraph 45 European Court of Justice case C-127/02 dated 7th September 2004 1.2.3 A summary of the documents and reports that have been produced to document the process at each state and how these relate to the evolving LDP is set out in Table 2 Table 2: Chronology of documents associated with the Falkirk LDP Date Falkirk LDP Habitats Regulations Appraisal November 2011 Main Issues Report MIR Habitats Regulations Appraisal Compliance Statement September 2012 Screening/ Scoping report in respect of Firth of Forth Special Protection Area issued to SNH for comment December 2012 Proposed Plan Firth of Forth SPA Appropriate Assessment Working Draft V1 issued to SNH for comment December 2012 Proposed Plan Screening report in respect of Slamannan Working Draft V1 Plateau SPA; Black Loch Moss SAC and River Teith SAC issued to SNH for comment February 2013 Proposed Plan Revised Firth of Forth SPA Appropriate Committee Draft Assessment incorporating comments from SNH, issued to Falkirk Council. February 2013 Proposed Plan Appropriate Assessment in respect of Committee Draft Slamannan Plateau SPA; Black Loch Moss SAC and River Teith SAC issued to SNH for comment April 2013 Proposed Plan Draft HRA record submitted to SNH alongside Proposed Plan 1.3 Stage 1 – Should the Proposed Plan be subject to HRA? 1.3.1 Article 6(3) of the EC Habitats Directive, as applied in Scotland through The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), requires that any plan (or project), which is not directly connected with or necessary for the management of a European site, but which would be likely to have a significant effect on that site, either on its own or in-combination with other plans or projects, shall be subject to an “Appropriate Assessment” of its implications for the European site in view of the site’s conservation objectives. The plan can only be consented by the plan-making body if it will not adversely affect the integrity of the site concerned, unless exceptional circumstances are met. 1.3.2 The assessment is based on “likely” effects. These are defined as effects that cannot be ruled out on the basis of objective information. Further clarification has been provided by the Waddenzee judgement that a project should be subject to AA: “if it cannot be excluded, on the basis of objective information, that it will have a significant effect on the site, either individually or in combination with other plans and projects.”3 The Wadenzee judgment also provides the most up to date interpretation of the law in several areas of the HRA process. 1.3.3 In October 2005, the European Court of Justice (ECJ) ruled that development plans in the United Kingdom should be subject to assessment, in the same way as projects require assessment, under the provisions of Article 6(3) and (4) of the Habitats Directive 1992. The Proposed Plan is a land use plan, designed to guide development within Falkirk Council Area. It is not connected to or necessary for the management of a European Site, and hence is subject to a Habitats Regulations Appraisal, which may include an “Appropriate Assessment.” 2. Potentially affected European Sites 2.1 Stage 2 - European Sites that should be considered in the appraisal. 2.1.1 The Council acknowledges that if the Proposed Plan is capable of affecting a Natura 2000 site then it must be considered within the HRA. Bearing this in mind, Natura 2000 sites considered for inclusion in the HRA and the reasons for their selection are set out in Table 3 below: Table 3: Natura Sites Scoped into the HRA Natura 2000 Site Included in Justification HRA Firth of Forth SPA Yes Site is partially within the Council area and it’s qualifying interests could be affected by development proposals both within and adjacent to the SPA boundary and further inland. Slamannan Plateau SPA Yes Site is partially within the Council area and it’s qualifying interests (Taiga Bean Geese) could be affected by development proposals both within and adjacent to the SPA boundary and further afield. Black Loch Moss SAC Yes Site is partially within the Council area and could be affected by development proposals both within and adjacent to the SAC boundary River Teith SAC Yes Site is not within the Council area but it’s qualifying interests (River Lamprey, Sea Lamprey and Salmon) could be affected by development proposals in coastal locations along the Firth of Forth or which affect water quality within the Firth of Forth. Forth Islands SPA No This site is designated for its numbers of breeding birds. There are few threats to the interest of the site as many of the islands are managed for their nature conservation interest. Disturbance to breeding birds by increased visitor numbers is considered a minor threat. This site is considered to be too distant from the Plan area and too maritime in its influences to experience any effects from any of the proposals. 2.2 Stage 3 – Background Information about Natura 2000 sites likely to be affected Firth of Forth SPA Location 2.2.1 The Firth of Forth SPA and Ramsar site was designated in 2001. The site extends for over 100 km from the River Forth at Stirling eastwards along the coasts of Falkirk, Clackmannan, Fife, Edinburgh and East Lothian to a wide estuary mouth. The SPA boundary does not cover the full length of the shoreline of the Estuary (see Figure 2.1). The site has been designated as of major importance for its assemblage of waterbirds during migration and over winter. Qualifying Interest Features 2.2.2 The site qualifies under Article 4.1 of the Birds Directive (79/409/EEC) by regularly supporting wintering populations of European importance of four Annex 1 species and by regularly supporting a post-breeding population of European importance of an Annex 1 species (see Table 4). The site also qualifies under Article 4.2 by regularly supporting wintering populations of both European and international importance of five migratory species (see Table 5), and for regularly supporting a wintering waterfowl assemblage of European importance (see Table 6). The wintering waterfowl populations has been estimated as a winter peak mean of 95,000 for the five year period 1992/93- 96.97, comprising 45,000 wildfowl and 50,000 waders .
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