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Natural Heritage Non-Statutory Guidance

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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 © N Caudrey Red squirrel in a Caledonian pine tree, Lochan, marsh and pine forest habitats, Dark green fritillary butterfly in grassland, near Abernethy forest Invereshie Boat of Garten 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.
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