Natural Heritage Non-Statutory Guidance

PLANNING

Cairngorms National Park Local Development Plan 2021 Non-statutory guidance: Policy 4 – Natural Heritage

Contents How to use this guidance ...... 1 Introduction and context ...... 1 Mitigation hierarchy...... 4 Process for considering natural heritage interests ...... 4 Providing sufficient information ...... 6 Need for ecological surveys ...... 6 Useful sources of advice and information ...... 7

How to use this guidance The policy applies to all developments, not Policy 4 – Natural Heritage just those in ecologically sensitive locations. 4.1 International designations This non-statutory guidance supports the This is because the effects of development Development likely to have a significant Cairngorms National Park Local on natural heritage interests can extend Development Plan 2021 and applies to all outwith a development site (for example by effect on a European or Ramsar site must planning applications within the increasing the number of people using a demonstrate no adverse effect on the Cairngorms National Park. The Local woodland for recreation, causing integrity of the site. Where this is not

Development Plan is available via disturbance to ground nesting birds), and possible, development will be considered favourably only where: https://cairngorms.co.uk/planning- because many species are mobile and move development/ and should be read through the landscape (for example some a) there are no alternative solutions; and alongside this guidance. amphibians may hibernate in one location, b) there are imperative reasons of overriding but spend the rest of the year feeding and public interest including those of a social or This guidance should be used during the breeding in another, so a proposed economic nature; and preparation and assessment of planning development site could create a barrier applications, to identify measures to between the two areas). c) compensatory measures are provided to safeguard and /or enhance natural heritage ensure that the overall coherence of the interests. All planning applications should be network of European sites is protected.

prepared and assessed against the Where the site has been designated for a Introduction and context potential effects that the proposed European priority habitat or species, development may have on the natural development will only be permitted where Policy 4 of the Local Development Plan heritage interests of the Park as identified the reasons for overriding public interest provides the framework for how in Policy 4. The following sections of this relate to human health, public safety, benefit consideration and safeguarding of natural guidance provide advice on what needs to consequences of primary importance for the heritage interests should be incorporated be considered and provides links to other environment or other reasons subject to the into development proposals. A range of sources of relevant information. natural heritage interests are identified, opinion of the European Commission (via which includes habitats as well as wildlife. Scottish Ministers) (or compliance with the relevant process established following the UK’s departure from the EU).

1 4.2 National designations circumstances will lack of compensation 4.4 Protected species Development that would adversely affect be acceptable. Development that would have a significant the Cairngorms National Park, a Site of There will be a strong presumption against adverse effect on any European Protected Special Scientific Interest, National Nature removal of ancient semi-natural woodland, Species will not be permitted unless: Reserve or National Scenic Area will only including sites in the Ancient Woodland a) the developer can demonstrate that be permitted where: Inventory, which is considered to be an there are public health, public safety or a) it will not adversely affect the integrity irreplaceable resource. Only in other imperative reasons of overriding of the area or the qualities for which it has exceptional circumstances will loss of public interest, including those of a social been designated; or ancient semi-natural woodland be or economic nature and beneficial permitted: b) any such adverse effects are clearly consequences of primary importance for outweighed by social, economic or a) where the developer can clearly the environment; and environmental benefits of national demonstrate that the need and b) there is no satisfactory alternative importance, and compensated by the justification for the development solution; and outweighs the local, national, or provision of features of equal or greater c) the development will not be detrimental importance than those that are adversely international contribution of the woodland; or to the maintenance of the population of affected. the species concerned at a favourable 4.3 Woodlands b) where it can be clearly demonstrated conservation status in their natural range. that the ancient semi-natural woodland Woodland removal for development will site has low ecological value. Development that would have a significant only be permitted where it complies with adverse effect on species protected under the Scottish Government’s Policy on the Where removal of ancient semi-natural Schedule 5 (animals) or 8 (plants) of the Control of Woodland Removal and where woodland is deemed acceptable, Wildlife & Countryside Act 1981, as removal of the woodland would achieve compensation for such loss (involving the amended, will not be permitted unless: planting of native species) will be clearly defined additional public benefits. mandatory. a) undertaking the development will give Compensation will be expected which is at rise to, or contribute towards the least equal to the quality and quantity of achievement of, a significant social, what is lost. Only in exceptional economic or environmental benefit; and

2 b) there is no other satisfactory solution; Development that would have a significant 4.6 All development and adverse effect on habitats or species Where there is evidence to indicate that a c) the development will not be detrimental identified in the Cairngorms Nature protected or priority habitat or species to the species concerned at a favourable Action Plan, UK Biodiversity Action Plan, may be present on, or adjacent to, a site, conservation status in their natural range. Birds of Conservation Concerns (red and or could be adversely affected by the amber) or by Scottish Ministers through Development that would have a significant development, the developer will be the Scottish Biodiversity List, including any required to undertake a focused survey of adverse effect on badgers or their setts cumulative impact will only be permitted the area’s natural environment to assess will not be permitted unless the where: development fully complies with the the effect of the development on it and to requirements of the Protection of Badgers a) the developer can demonstrate the that submit a species/habitat protection plan Act 1992 (as amended). need and justification for the development where necessary to set out measures to outweighs the local, national or avoid, reduce or mitigate such effects. 4.5 Other biodiversity international contribution of the area of Development that would have a significant habitat or populations of specie; and adverse effect on species listed in b) significant harm or disturbance to the Schedules 2 and 4 of The Conservation ecological functions, continuity and (Natural Habitats &c.) Regulations 1994 integrity of the habitats or species (as amended in Scotland) will not be populations is avoided, or minimized permitted unless: where harm is unavoidable; and a) there is no other satisfactory solution; appropriate compensatory and/or and management measures are provided; and new habitats of equal nature conservation b) the development will not be value are created as appropriate to the detrimental to the maintenance of the site. species concerned at a favourable conservation status in the natural range.

3 Mitigation hierarchy

The mitigation hierarchy (figure 1) should Potential development sites should firstly After this has been done, the second aim be used from the outset when considering be designed to avoid negative effects on should be to minimise remaining impacts. the potential of a site for development. natural heritage interests, and the services Where it is not possible to avoid impacts, they provide (for example, figure 2, marsh measures to offset negative effects habitats and floodplains that provide a through mitigation (on site) or Avoid home for wildlife as well as storing flood compensation (off site) should be Assess the site and design the layout to water, capture debris and slow flood identified. avoid sensitive habitats/species. water flow). Process for considering natural heritage interests

The process shown in figure 3 (overleaf) Minimise should be used to inform site layout and For the remaining area, design the design, as well as consideration of planning development to minimise negative effects on applications. In addition to using this natural heritage interests. guidance, cross reference to other Local Development Plan policies and their supplementary guidance (where present)

will be required to ensure that relevant Mitigate/compensate Figure 2 – River Spey flood plain habitats issues are considered. Where avoiding or minimising effects is not possible, off set negative effects either Avoiding the sensitive habitats and those Considering natural heritage interests at through on site mitigation or as a last used by protected or priority species the earliest stage should avoid planning resort, offsite compensation. should be the principal aim when applications being submitted that do not identifying what proportion of a site is meet the requirements of Policy 4. Figure 1 - mitigation hierarchy suitable for development.

Figure 3: process to be applied when considering development proposals under Policy 4

5 Providing sufficient carried out, there are gaps in knowledge and their requirements (such as timing and information or uncertainty about the effectiveness of duration), so that delays later in the mitigation or compensation proposed to planning process due to insufficient address impacts on natural heritage information can be avoided. Supporting information should be interests, additional information may be provided with planning applications to requested. Where uncertainty remains, Depending on the natural heritage demonstrate how development proposals the precautionary principle will be applied interest(s) affected, surveys may need to be have been designed to minimise impacts and planning permission is unlikely to be carried out over a number of seasons due on natural heritage interests. The granted. to mobile and/or migratory species (figure information should be sufficient to enable 4) and/or may need to be repeated over the planning authority to assess Need for ecological surveys more than one year. applications against the requirements of Policy 4 (and, if necessary, carry out a Because the Park is home to rare and/or Habitats Regulations Appraisal1 (HRA)). sensitive species and habitats, surveys The level of information required will carried out by appropriately experienced depend on the significance of the potential (and licensed where required2) ecological effects of proposed development on the surveyors may be required to inform natural heritage interests identified in the development proposals. It is strongly policy. recommended that developers discuss development proposals at the earliest A precautionary approach to the assessment of impacts will be applied. stage with the relevant planning authority, Figure 4 – mute swans and a whooper swan Where contemporary information is so that the need or otherwise for surveys required but surveys have not been can be established. Early discussion should help identify what surveys may be needed The type of survey work required will depend on: 1 See https://www.nature.scot/professional- 2 See https://www.nature.scot/professional- advice/planning-and-development/environmental- advice/planning-and-development/planning-and- - the sensitivity of the natural heritage assessment/habitats-regulations-appraisal-hra for development-advice/planning-and-development- interests present within the proposed more information about Habitats Regulations protected-species for details of legally protected Appraisal species, licensing and actions that can be offenses. development site and surrounding area;

6 and of optimal survey periods and lifecycle stages for species and habitats - the potential effects of proposed https://www.nature.scot/natures- development on them. calendar.

It is the responsibility of the applicant to – Scotland’s Environment website ensure that ecological interests are (https://www.environment.gov.scot/) properly considered during the design provides a compilation of habitats and stages, and that suitable surveys are carried species data from various sources. out where necessary. Figure 5 – mitigation measure to avoid adverse – The National Biodiversity Network effects on bats, a legally protected species The purpose of surveys should be to find (NBN) Atlas Scotland provides species out what habitats and species are present Useful sources of advice records compiled from public and within a proposed development site and biological recording centres, available surrounding area. Survey results should be and information via https://scotland.nbnatlas.org/. They used to inform site design and layout as well can be used for a desk study of the as mitigation measures (figure 5), so that – Table 4 in the Local Development Plan proposed development site and impacts on natural heritage interests are (pages 86 and 87) highlights some surrounding area that can be used to avoided or minimised. known sensitivities for some European inform what ecological surveys may be sites protected for nature conservation. required. However, an absence of For example (but not limited to), by While the Table refers to specific records in the Atlas does not changing the layout to avoid sensitive European sites, the issues and necessarily mean that species are not habitats, reducing the number of units to mitigation measures identified in the present in a particular area. reduce off site effects, or off setting Table are a useful guide for the same unavoidable impacts by providing substitute habitats/species outwith those sites. new or improved habitat elsewhere on site. – NatureScot3 have produced a calendar

3 Formerly known as Scottish Natural Heritage.

7 Advice from a suitably experienced – For development sites with the ecologist should also be sought about potential to be connected to the what species might be present in the habitats or species of European habitats on and surrounding the protected areas (ie Special Protection proposed development site. Areas and Special Areas of Conservation, previously known as – Applicants should refer to NatureScot Natura sites), sufficient information advice for developers on a range of must be provided with the planning natural heritage interests including application to enable the Planning protected areas, protected species and Authority to carry out a HRA. licensing requirements, which can be Figure 6 – water vole burrows Development does not have to be accessed via within or close a European site for https://www.nature.scot/professional- Survey reports, and where necessary there to be potential connectivity. For advice/planning-and- Species Protection Plans4, should be example there may be hydrological development/advice-planners-and- submitted along with applications for connections, mobile species that also developers. planning permission in principle, as well as use the wider area, or impacts caused full planning permission. This will enable by increased human activity in the For development sites with the the Planning Authority, in consultation wider area as a result of the potential to affect protected species with NatureScot, to determine whether development. including the habitats they rely on (for the legal requirements of protected example, figure 6), surveys carried out species legislation can be met, and More information on HRAs and by an appropriately experienced (and whether a species license is required to European sites can be found on the licensed if necessary) person will be enable development to proceed. NatureScot website via required at the earliest stage to inform https://www.nature.scot/professional- site layout and design. advice/planning-and- development/advice-planners-and- 4 See https://www.nature.scot/professional- advice/protected-areas-and- developers/planning-and-development- species/licensing/species-protection-plan for more protected-areas. information about Species Protection Plans.

8 – NatureScot provide advice and links to Development proposals and decisions – Scottish Government Control of advice from other organisations on should be informed by the most up to Woodland Removal Policy how to minimise the effects of date: https://forestry.gov.scot/support- construction on natural heritage regulations/control-of-woodland- interests for a range of different – Cairngorms National Park Forest removal development types, available via Strategy https://www.nature.scot/professional- (https://cairngorms.co.uk/working- advice/planning-and- together/authority/national-park- development/advice-planners-and- strategies/forest-strategy/); developers/planning-and-development- – Cairngorms Nature Action Plan good-practice-construction. (https://cairngorms.co.uk/working- – SEPA provide a range of information in together/authority/national-park- relation to development and strategies/cnap/); biodiversity. This can be found via – Birds of Conservation Concern https://www.sepa.org.uk/environment/b (https://www.bto.org/our- iodiversity. science/projects/birdtrack/bird- – SEPA also provide information on recording/birds-conservation- Figure 7 – curlew, a Cairngorms Nature Sustainable Urban Drainage Systems concern); Action Plan species red listed in the 2015 (SuDS) and how they can provide Birds of Conservation Concern 4, a UK BAP – UK Biodiversity Action Plan opportunities for biodiversity and Scottish biodiversity list species (https://jncc.gov.uk/our-work/uk- enhancement. This can be found via bap/); and https://www.susdrain/delivering- suds/using-suds/benefits-of- – Scottish Biodiversity List suds/Biodiversity_and_ecology. (https://www.nature.scot/scotlands -biodiversity/scottish-biodiversity- strategy/scottish-biodiversity-list).

9 Cairngorms National Park Local Development Plan 2021 Non-statutory guidance Policy 4 – Natural Heritage

This document is available in large print on request. Please contact the Cairngorms National Park Authority on 01479 873535. It is also available to view at www.cairngorms.co.uk

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