Habitats Regulations Appraisal of the South Ayrshire Proposed Local Development Plan
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Habitats Regulations Appraisal of the South Ayrshire Proposed Local Development Plan Contents 1. Introduction and Context 2. Habitats Regulations Appraisal 3. South Ayrshire Proposed Local Development Plan 4. Methodology 5. Identifying the European sites to be included in the appraisal 6. Gathering information about the European sites 7. Screening the South Ayrshire Proposed Local Development Plan for its potential effects 8. Screening Outcomes 9. Policies further investigated in light of any existing mitigation 10. Appropriate Assessment 11. In-combination effects of screened-in policies 12. Appropriate Assessment of the housing allocations 13. In combination effects of the identified development sites 14. In-combination effects with other Plan and Projects 15. Conclusions Appendix A Map of Natura 2000 sites Appendix B South Ayrshire Local Development Plan Spatial Strategy Appendix C Housing allocations at Girvan, Colmonell and Ballantrae 1. Introduction and Context Background 1.1 Article 6(3) of EC Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) requires that any plan or project, which is not directly connected with or necessary to the management of a European site, but would likely to have a significant effect on such a site, either individually 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. 1.2 Regulation 49(1) of the Habitats Regulations (The Conservation (Natural Habitats & c.) Regulations 1994) sets out that in light of the conclusions of that assessment, and subject to the provisions of Article 6(4) of the Habitats Directive, the competent authority (i.e. in this instance South Ayrshire Council) shall agree to a plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, having obtained the opinion of the general public. If this cannot be ascertained then the plan or project can only be consented if there are no alternative solutions and there are imperative reasons of overriding public interest. Article 6(4) provides that if, in spite of a negative assessment of the implications for the site, and in the absence of alternative solutions, the plan or project must nevertheless be carried out for imperative reasons of overriding public interest, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. 1.3 The requirements of the Directive have been transposed into domestic legislation in Scotland through a combination of the Habitats Regulation 2010 (in relation to reserved matters) and the 1994 Regulations. 2. Habitats Regulations Appraisal 2.1 The term „Habitats Regulations Appraisal‟ encompasses the decision on whether the South Ayrshire Proposed Local Development Plan (SAPLDP) should be subject to appraisal, the „screening‟ process for determining whether an „appropriate assessment‟ is required, as well as any „appropriate assessment‟ that may be required. An appropriate assessment is only required where it is determined that a plan or project is likely to have a significant effect on a European site, either alone or in combination with other plans or projects, and the plan or project is not directly connected with or necessary to the management of the site. 2.2 The purpose of this document is therefore to consider whether the policies and proposals of the SAPLDP, including in-combination effects, are likely to have significant effects on Natura 2000 sites; and if there are any likely significant effects, to ascertain whether the SAPLDP would not adversely affect the integrity of these sites or otherwise. Certainty that the SAPLDP would not adversely affect the integrity is required if the South Ayrshire Local Development Plan is to be adopted in all but exceptional circumstances where there are no alternative solutions and imperative reasons of overriding public interest1. In doing this, cognisance must be given to the qualifying interests and their conservation objectives of the Natura 2000 sites. Where there is a possibility of such adverse effects on site integrity, it may be possible for these to be avoided through mitigation. 2.3 The subjective nature of determining the significance of potential effects is often challenging; however, guidance is offered from the Waddenzee case in which the European Court of Justice ruled that a plan or project should be subject to appropriate assessment “if it cannot 1 Regulation 85C of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 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"2. Figure 2-1: Procedural Requirements for HRA Taken from SNH: Habitats Regulations Appraisal of Plans: Guidance for Plan-Making bodies in Scotland Establishing the need for Habitats Regulations Appraisal 2.4 The first stage in the process is to establish whether the SAPLDP qualifies in terms of its need for assessment. Regulation 85B of the Habitats Regulations and Article 6(3) of the Habitats Directive provides guidance in this respect. Article 6(3) states: 2.5 “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” 2.6 It can be concluded that the SAPLDP is not directly connected with or necessary to the management of any Natura 2000 sites. A determination must therefore be made as to whether the SAPLDP would result in likely significant effects upon any such sites, either individually or in combination with other plans or projects. This is the „screening‟ stage of the process. 2.7 The SAPLDP sets out the policies and proposals which will be used in the assessment of planning applications. The SAPLDP could therefore be used to assess planning applications which could result in significant effects upon Natura 2000 sites. Although the SAPLDP does not advocate any development upon any such sites, it will be used to assess development 2 See paragraph 45 of European Court of Justice case C-127/02 dated 7th September 2004, ‘the Waddenzee ruling’ proposals which could affect any of the Natura 2000 sites and it is considered that the SAPLDP therefore qualifies for the appraisal process. 3. South Ayrshire Proposed Local Development Plan 3.1 Once adopted, the SALDP will replace the Ayrshire Structure Plan and South Ayrshire Local Plan as the development plan for South Ayrshire. This will set out how the Council intends to shape its towns, villages and countryside over the next ten to twenty years. In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997(as amended), the SALDP will be the primary tool used to determine planning applications. 3.2 It should be acknowledged at this stage that each of the European sites identified under section 5 are all located within the rural south of South Ayrshire, with the exception of the River Bladnoch SAC and Kirkcowan Flow SAC which are both located within the northern part of Dumfries and Galloway. The remote rural locations of each of the Natura 2000 sites means that they are highly likely to be unaffected by most of the policies or proposals within the SAPLDP as no strategic development is planned within these parts of the local authority. In addition, any development proposals within the area would be unlikely to accord with the aims and objectives of the SAPLDP‟s spatial strategy. 3.3 Scottish Planning Policy provides guidance on how the Government's policies for the conservation and enhancement of Scotland's natural heritage should be reflected in land use planning. The guidance states that development which could have a significant effect on a Natura site can only be permitted where: an appropriate assessment has demonstrated that it will not adversely affect the integrity of the site, or, there are no alternative solutions; and, there are imperative reasons of overriding public interest, including those of a social or economic nature. 3.4 It should be noted that the SAPLDP is consistent with SPP. The SAPLDP contains a policy which is reflective of SPP guidance (Natural Heritage policy detailed in Figure 3-1) and protects Natura 2000 sites from adverse effects upon their integrity; and ensures that Natura 2000 sites are protected in all instances unless there are no alternative solutions and imperative reasons of overriding public interest. 3.5 An appendix to Planning Circular 1 2009 was published in August 2010 which provides guidance on the application of the Habitats Regulations. It states that when submitting a proposed development plan to Scottish Ministers, a SDPA or planning authority should include a Habitats Regulation Appraisal Record setting out: how the authority has determined that there is not likely to be a significant effect on a European site (if that is the case); where a likely significant effect has been determined and an Appropriate Assessment has been undertaken, the conclusions reached and what action is proposed or has been undertaken to comply with the Habitats Regulations; and, a copy of any relevant correspondence from SNH.