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.

3.6 The Circular states that further advice on the methodology of carrying out Habitats Regulations Appraisal can be found in Scottish Natural Heritage‟s Guidance for Plan-Making Bodies in Scotland. The document prepared by David Tyldesley and Associates provides detailed guidance on the separate stages of carrying out an appraisal, and the considerations that will need to be taken into account. Figure 4.1, taken from the guidance shows the key stages of a Habitats Regulations Appraisal.

3.7 In line with the SNH guidance, the SAPLDP needs to be Natura-complaint by ensuring that each policy and proposal within the plan will not adversely affect the integrity of a Natura 2000 site. As such, it is accepted that where necessary, policies will need to be altered (including mitigation) in order to make them Natura-compliant. While natural heritage is reflected in the SAPLDP, both SNH‟s guidance and Planning Circular 1 2009 are clear that reliance upon an overarching policy is not considered to be an appropriate method of effectively protecting Natura 2000 sites.

3.8 The formation of SAPLDP has involved several stages as is illustrated in Figure 3-2. The SAPLDP sets out the Council‟s settled view as to what the final adopted content of the SALDP should be and has/will be subject to the necessary consultation requirements with both members of the public and relevant consultation authorities. However, there remains scope for alterations to be made to the plan, where alterations are necessary as a result of the HRA process.

3.9 The SAPLDP is split up into several different sections, covering a range of policy matters. It sets out proposed strategic spatial priorities and policies for South Ayrshire and secures land zoning for specified uses (e.g. land for housing/industry etc.) to provide increased certainty for development. The preparation of the LDP takes place over a 5 year period and an adoption date of 2013 has been targeted.

Figure 3-1: SAPLDP Policy – Natural Heritage

LDP Policy

International Designations

Development, either individually or in combination with other plans or projects, which is likely to have a significant effect on a designated or proposed Natura 2000 site (SPA, SAC) will be subject to an appropriate assessment of the implications for the site in view of the site‟s conservation objectives. Development proposals will only be supported where the assessment concludes that:

it will not adversely affect the integrity of the site; or, there are no alternative solutions, and there exist imperative reason of overriding public interest, including those of a social or economic nature.

Where such a site hosts a priority habitat and/ or priority species as defined by the Habitats Directive (92/43/EC), the imperative reasons of overriding public interest must relate to human health, public safety or beneficial consequences of primary importance to the environment. Other allowable exceptions are subject to the views of the European Commission (via Scottish Ministers).

National Designations

Development, either individually or in conjunction with other proposals, which would affect a designated or proposed National Nature Reserve or a Site of Special Scientific Interest will only be permitted where ecological appraisals have demonstrated to the satisfaction of the Council as planning authority that:

• the overall objectives of designation and the overall integrity of the designated area would not be compromised; or, • any adverse effects on the qualities for which the area has been designated are clearly outweighed by

social or economic benefits of national importance.

Local Designations

Development, either individually or in conjunction with other proposals, which would affect the following local heritage designations, will be supported when demonstrated that the integrity of the locale are not compromised.

Local Nature reserves;

Sites containing species protected by the Habitats Directive, Wildlife and Countryside Act 1981 or the Badgers Act 1992; Wildlife sites; Tree Preservation Orders; Forrest Parks Wildlife corridors Ornithological sites.

In all instances, the Council will require development proposals to have regard to safeguarding features of nature conservation value including woodlands, hedgerows, lochs, ponds, watercourses, wetlands and wildlife corridors.

Figure 3-2: Local Development Plan Process

Publication of Development Plan

Scheme and Participation Statement ↓ Publish Main Issues report and Monitoring Statement

↓ Publish Proposed Plan ↓ Submit Proposed Plan, Action Programme and Report of Conformity with Participation Statement to Ministers. Publicise submission of the Plan

↓

Examination of Proposed Plan ↓ Publish Modifications and Proposed Plan as modified. Advertise intention to adopt the Plan

↓ Adopt Plan

4. Methodology

4.1 The Scottish Habitat Regulations do not prescribe a particular methodology for carrying out the appraisal; however, SNH produced a guidance document in August 2010 which has been used to form the basic methodology for this appraisal. This guidance is entitled Habitats Regulations Appraisal of Plans: Guidance for Plan-Making bodies in Scotland. The guidance outlines a number of key stages to the process which are outlined in Figure 4-1. These key stages are broadly used to inform the process of the appraisal.

Figure 4-1: Key stages of the Habitats Regulations Appraisal Process

Taken from SNH: Habitats Regulations Appraisal of Plans: Guidance for Plan-Making bodies in Scotland

5. Identifying the European sites to be included in the appraisal

5.1 There are four Natura 2000 sites located within the SAPLDP area (see Appendix A). These are:

Glen App and Galloway Moors SPA Ailsa Craig SPA Lendalfoot Hills Complex SAC Merrick Kells SAC

5.2 All of the aforementioned Natura 2000 sites are included within the appraisal. However, it is important to stress that all European sites which could potentially be significantly affected by the SAPLDP are included within the assessment, including sites outwith the plan area.

5.3 Utilising the criteria set out within SNH‟s guidance on the „Habitats Regulations Appraisal of Plans‟, it is evident that there are two sites outwith the plan area which require to be included within the appraisal. Both sites are located within Dumfries and Galloway and are known as the River Bladnoch SAC and Kirkcowan Flow SAC. This River Bladnoch flows from Loch Maberry which is partly located within the boundary of South Ayrshire and therefore could be affected by the contents of the Plan. Kircowan Flow is directly connected to the River Bladnoch.

6. Gathering information about the European sites

6.1 This section outlines each of the Natura 2000 sites that are included within the appraisal and provides details of their qualifying interests, conservation objectives and site conditions to ensure that the appraisal focuses on the most relevant aspects of each site.

6.2 The qualifying interests potentially affected will vary between the different European sites, but effects should relate to these interests for the site‟s classification (SPAs) or designation (SACs). It is necessary to consider how the SAPLDP policies and proposals may affect the achievement of the conservation objectives.

6.3 Table 6-1 provides details of each site included within the appraisal.

Table 6-1: Summary of European sites to be included within the appraisal Summary of the European sites included within the appraisal Information Site 1 Site 2 Site 3 Site 4 Site 5 Site 6 Site name Glen App and Galloway Moors Ailsa Craig Lendalfoot hills Complex Merrick Kells River Bladnoch Kirkcowan Flow Designation Status SPA SPA SAC SAC SAC SAC Date of designation 03/2003 04/1990 17/03/05 17/03/05 17/03/05 17/03/2005 Qualifying interests Hen Harrier Gannet Base-rich fens Acidic scree Atlantic salmon Depressions on peat substrates Guillemot * Grasslands on soils rich in heavy metals Plants in crevices on acid rocks Priority habitat: Herring Gull * Dry heaths Montane acid grasslands Blanket bog Kittiwake * Wet heathland with cross-leaved heath Clear-water lakes or lochs with aquatic vegetation and Lesser black-backed gull Very wet mires often identified by an poor to moderate nutrient levels unstable `quaking` surface Wet heathland with cross-leaved heath Priority habitat: Acid peat-stained lakes and ponds Species-rich grassland with mat-grass in Otter upland areas Dry heaths Depressions on peat substrates Priority habitat: Blanket bog Conservation To avoid deterioration of the To avoid deterioration of the To avoid deterioration of the qualifying To avoid deterioration of the qualifying habitats thus To avoid deterioration of the habitats of To avoid deterioration of the qualifying habitats objectives habitats of the qualifying species habitats of the qualifying species or habitats thus ensuring that the integrity of ensuring that the integrity of the site is maintained and the qualifying species (listed below) or (listed below) thus ensuring that the integrity of the or significant disturbance to the significant disturbance to the the site is maintained and the site makes the site makes an appropriate contribution to achieving significant disturbance to the qualifying site is maintained and the site makes an appropriate qualifying species, thus ensuring qualifying species, thus ensuring an appropriate contribution to achieving favourable conservation status for each of the qualifying species, thus ensuring that the integrity of contribution to achieving favourable conservation that the integrity of the site is that the integrity of the site is favourable conservation status for each of features; and the site is maintained and the site makes status for each of the qualifying features; and maintained; and maintained; and the qualifying features; and To ensure for the qualifying habitats that the following an appropriate contribution to achieving To ensure for the qualifying habitats that the To ensure for the qualifying species To ensure for the qualifying habitats that are maintained in the long term: favourable conservation status for each of following are maintained in the long term: To ensure for the qualifying that the following are maintained in the following are maintained in the long the qualifying features; and species that the following are the long term: term:  Extent of the habitat on site  Extent of the habitat on site maintained in the long term:  Distribution of the habitat within site To ensure for the qualifying species that  Distribution of the habitat within site  Population of the species as a  Extent of the habitat on site  Structure and function of the habitat the following are maintained in the long  Structure and function of the habitat  Population of the species as a viable component of the site  Distribution of the habitat within site  Processes supporting the habitat term:  Processes supporting the habitat viable component of the site  Distribution of the species within  Structure and function of the habitat  Distribution of typical species of the habitat  Distribution of typical species of the habitat  Distribution of the species within the site  Processes supporting the habitat  Viability of typical species as components of the habitat  Population of the species, including range  Viability of typical species as components of the the site  Distribution and extent of habitats  Distribution of typical species of the habitat  No significant disturbance of the habitat of generic types, as a viable component of habitat  Distribution and extent of habitats supporting the species  Viability of typical species as components  Population of the species as a viable component of the the site  No significant disturbance of typical species of supporting the species  Structure, function and supporting of the habitat site  Distribution of the species within the site the habitat  Structure, function and supporting processes of habitats supporting  No significant disturbance of typical  Distribution of the species within the site  Distribution and extent of habitats processes of habitats supporting the species species of the habitat  Distribution and extent of habitats supporting the supporting the species the species  No significant disturbance of the species  Structure, function and supporting  No significant disturbance of the species  Structure, function and supporting processes of habitats processes of habitats supporting the species supporting the species species  No significant disturbance of the species  No significant disturbance of the species

Site condition Hen Harrier, breeding favourable Gannet, breeding favourable Fen, marsh and swamp (upland) Acid peat-stained lakes and ponds favourable Atlantic salmon unfavourable Blanket bog, unfavourable, no change Guillemot, breeding favourable unfavourable Acidic scree favourable Depressions on peat substrates, favourable, Herring gull, breeding Dwarf shrub heath (upland) unfavourable Blanket bog unfavourable maintained unfavourable Inland rock unfavourable Clear-water lakes or lochs with aquatic vegetation and Kittiwake, breeding unfavourable Calcareous grassland (upland) poor to moderate nutrient levels favourable Lesser black backed gull, unfavourable Depressions on peat substrates unfavourable breeding unfavourable Fen, marsh and swamp (upland) Dry heaths unfavourable Seabird assemblage, breeding unfavourable Montane acidic grasslands unfavourable favourable Dwarf shrub heath (upland) unfavourable Otter favourable Plants on crevices in acidic rocks favourable Wet heathland and cross leaved heath unfavourable Factors currently Agricultural practices Fishery Agricultural practices Agricultural and forestry activities Fishing Agricultural practices influencing the site Renewable activities Recreation disturbance Renewable or other development leading Forestry Water management Control of rat population to alteration of drainage Water quality Renewable activities – Kilgallioch (Section 36 Risk from North American signal crayfish application) is located within close proximity of the Artificial barriers SAC designation. Vulnerabilities to It is composed of moorland with acid There is not significant threat to the The complex mosaic of interest features fall Grazing levels on this large upland site are generally low, Salmon numbers have declined in recent This large peatland site is covered by a Management change / potential grassland and blanket bog mosaics. interest at present. The site is subject within agricultural holdings and their though there are some localised overgrazed areas, and years, raising concerns about water quality Agreement to conserve the active blanket bog. The effects of the Plan Much of the heather habitat has to a Management Agreement to maintenance is dependent on different existing grazing tenancies are under review. A small part in the headwaters of the river. Sources of Agreement controls grazing, drainage and muirburn. become fragmented, with acidic reduce and control the brown rat grazing and management regimes. of the site is a National Nature Reserve (NNR), but SNH‟s pollution will continue to be monitored so Controlled muirburn is acceptable to maintenance of grassland becoming a more population which currently discourage Approximately 50% of the site is covered by NNR review has recommended expansion of this to cover that action can be taken where necessary. the site interests. The establishment or permanent common feature due to overgrazing. ground-nesting birds. management agreements which permit SNH a larger part of the SAC under Forest Enterprise fire-breaks on the site or the use of mechanical This area has been identified for its to monitor the condition of the habitat and Ownership. swiping rather than burning will be considered. wind resources, making it a SNH have been in discussion with the recommend adjustments if necessary to the desirable location for wind farm landowners regarding Management level and intensity of grazing and the developments. Such developments Undertakings to protect biological, application of artificial fertilisers. could have significant issues for the geological and landscape features of Consideration is being given to similar SAC in terms of disturbance. the site. management agreements for the remainder of the site. 6.4 This document has been produced in consultation with SNH who have provided consultation comments throughout the process. An initial version of this document was submitted to SNH in order to provide them with an early and effective opportunity to have a meaningful input into the process. SNH confirmed that they were supportive of the methodology adopted for the process, subject to several detailed issues have been subsequently addressed within the updated version of the appraisal.

7. Screening the South Ayrshire Proposed Local Development Plan for its potential effects

7.1 A local development plan, by its nature, covers a wide range of issues. It is inevitable that many aspects of the SAPLDP will have no impacts upon any Natura 2000 sites. To ensure that the appropriate assessment, if required, focuses solely on those areas which are deemed to have a likely significant effect on a European site, either alone or in combination with other aspects of the same plan or other plans or projects, certain elements of the Plan can be „screened-out‟ at an early stage of the process.

7.2 Elements of the plan which are deemed to have no likely significant effects upon any Natura 2000 sites can be screened out. The appraisal will adopt a precautionary approach, ensuring that, where there is any doubt as to the impacts of a policy or proposal upon any Natura site, it is not screened out at the initial stage of the process.

7.3 In identifying the policies and proposals of the SAPLDP that can be screened out, this appraisal has taken a three stage approach:

Step 1 – screening out general policy statements, including general criteria based policies. A general policy statement sets out a strategic aspiration for a certain issue. A general criteria based policy is one which expresses the tests or expectations when it comes to consider particular proposals.

Step 2 – screening out projects referred to in, but not proposed by, the SAPLDP.

Step 3 – screening out aspects of the SAPLDP that could have no likely significant effect on a site, alone or in combination with other aspects of the SAPLDP, or with other plans or projects.

7.4 The spatial elements of the SAPLDP, in terms of allocated development sites, must also be appraised alone and in combination, as part of the process in order to determine any likely significant impacts upon any of the European sites included within the appraisal. This is covered within chapter 12 of this document.

7.5 The SAPLDP is split up into five main chapters:

Introduction/Spatial Strategy Economic Development Communities Environment and Climate Change Transport

7.6 There are several subsections contained within each of the chapters which detail the policies and proposals of the SAPLDP. The appraisal process considers all aspects of the SAPLDP.

7.7 Table 7-1 sets out the aspects of the SAPLDP that would not be likely to have a significant effect alone on a European site for the reasons given. The final column of the table provides additional details where this is deemed necessary. For clarification, all policies contained within Table 7-1 have been screened out and will therefore not be taken forward for any further assessment. Table 7-1: Aspects of the SAPLDP not likely to have a significant effect (LSE) alone Aspects of the SAPLDP which would not be likely to have a Relevant parts of the Plan Reasons for screening out significant effect on a European site alone General policy statements (Step 1a) Strategic Policies – Spatial Strategy These policies are general statements of policy or general political aspirations which are screened out because they are unlikely to have a significant effect on the environment.

General criteria based policies (Step 1b) Strategic Policies – Sustainable Development These policies set out criteria which must be met in relation to particular policy areas. The policies Communities – Residential Policy within Settlements, Release Sites and are specific to the individual policy areas and there is no conceivable way of their content being Windfall Sites able to impact upon any European sites.

Projects excluded from the appraisal because they are not proposals Environment and Climate Change – Central Scotland Green Network These policies are screened out on the basis that they are generated by higher level plans for generated by the SAPLDP which the proposed plan has no option but to reflect. Transportation – Land Use and Transportation This policy was initially „screened-in‟ due to potential impacts in and around the A77. However, it became evident that the elements of this policy which were of concern were generated by a higher level document i.e. the NPF 2 and it was therefore considered, in conjunction with SNH that this policy could be screened out. Strategic Road Development This policy was initially „screened-in‟ due to potential impacts in and around the A77. However, it became evident that the elements of this policy which were of concern were generated by a higher level document i.e. the NPF 2 and it was therefore considered, in conjunction with SNH that this policy could be screened out. Policies which protect the natural environment, including biodiversity, or Strategic Policies – Greenbelt The policies all set out within this section are aimed at the protection of natural, built and cultural conserve or enhance the natural, built or historic environment (step 3a) Environment and Climate Change – Landscape Quality heritage. None of these policies actively encourage development; they are designed to protect Environment and Climate Change – Landscape Protection particular features of the environment and therefore can have no effect on any European sites. Environment and Climate Change – Tree Preservation Environment and Climate Change – Water Environment The Natural Heritage policy in this section is specifically concerned with the protection of Natura Environment and Climate Change – Flooding and Development 2000 sites and requires an appropriate assessment where significant effects are predicted. Environment and Climate Change – Agricultural Land The agricultural land policy has been screened out on the basis that none of the Natura 2000 Environment and Climate Change – Historic Environment sites are located upon any areas of prime quality agricultural land. Environment and Climate Change – Archaeology Environment and Climate Change – Natural Heritage Policies which will not lead to development or other change (Step 3b) Strategic Policies – Delivering Infrastructure These policies all cover issues which will not lead to development and therefore can have no Communities – Affordable Housing impact upon any European sites. Environment and Climate Change – Air, Noise and Light Pollution Environment and Climate Change – Low and Zero Carbon Buildings

Aspects of the Plan which make provision for change but which could have Economic Development – Glasgow Prestwick Airport Although these policies do promote development it has been concluded that none of them could no conceivable effect on a European site, because there is no link or Economic Development – Ports have an impact upon any European sites for a variety of reasons. In many instances there are pathway between them and the qualifying interests, or any effect would be Economic Development – Newton-on-Ayr significant distances between the specific locations covered within the policy and any European a positive effect or would not otherwise undermine the conservation Economic Development – Heathfield sites. It is recognised that this is not sufficient to screen it out as part of the appraisal process. objectives of the site (Step 3c) Economic Development – Office Development Such policies have been ruled because there is no conceivable link between the European sites Economic Development – Development Opportunities and the content of the policies. Economic Development – Business & Industry

Communities – General Retail Communities – Town Centres Communities – Local Centres and Small Settlement Town Centres Communities – Maintenance and Protection of an Effective Housing Land Supply Communities – Belleisle Communities – Craigie Estate Transportation – Rail Investment Transportation – Freight Transport Transportation – Town Centre Traffic Management Communities – Open Space Communities – Community Facilities Aspects of the Plan which make provision for change but which could have Policies contained within this section will generally have no impact upon any European sites. no significant effect on a European site, because any potential effects However, this cannot be comprehensively concluded. The nature of these policies is such that would be trivial, or „de minimis‟ or so restricted that they would not any development which could come forward in association with their content would be so minimal undermine the conservation objectives for the site (Step 3d) as to rule out the potential for any significant effects. Any effects associated with these policies are deemed to be minimal. Aspects which are too general so that it is not known where, when or how Communities – Rural Housing These policies are so general that it is impossible, in some circumstances to predict where, when the aspect of the Plan may be implemented, or where any potential effects Environment and Climate Change – Woodland and Forestry and how any effects may occur. In relation to all of these policies, it is considered that any may occur, or which European sites, if any, may be affected (Step 3e) Transportation – Public Transport impacts upon European sites are extremely unlikely due to the location of the European sites. Environment and Climate Change – Waste Management The issues covered within these policies are summarised below: Communities – Gypsy and Traveller Accommodation Communities – Telecommunications The rural housing policy sets out criteria where new housing may be acceptable. The policy is restrictive and it is extremely unlikely that development associated with this policy would have a significant impact upon Natura 2000 sites.

The woodland and forestry policy supports proposals of this nature where they are sympathetic to the environment, nature and wildlife. It is considered that the general nature of this policy makes it impossible to predict where, when and how any impacts could occur.

The public transport policy promotes the use of public transport and encourages modal shift from the private car. It is considered that the general nature of this policy makes it impossible to predict where, when and how any impacts could occur.

The renewable energy policy simply promotes proposals for the utilisation and generation of renewable energy in general and subject to impacts upon features of the natural and built environment. It is considered that the general nature of this policy makes it impossible to predict where, when and how any impacts could occur. 8. Screening Outcomes

8.1 Table 7-1 identifies all of the policies within the SAPLDP which have been screened out as having no LSE. The final column of the table outlines the reasons why the various policy sections have been screened out at this stage. As stated above, a precautionary approach was taken when screening out the policies of the SAPLDP to ensure that any policies with the potential for having an impact upon any of the European sites are taken forward into the next stage of the process.

8.2 As can be seen from Table 7-1, policies have been screened out at this stage for a variety of reasons. One of the main considerations when appraising any potential impacts upon Natura 2000 sites is to take into account the rural and often isolated locations of the Natura 2000 sites included within this appraisal. For these reasons, the sites are often located considerable distances away from any areas where development is likely to take place. In almost all instances, the Natura 2000 sites are not in locations where any form of intensive development is highly likely to take place and it is therefore evident that there will be no likely significant effects upon any Natura 2000 sites as a consequence of these policies.

8.3 The final row of the table screens out policies on the basis that the policies are too general for it to be possible to accurately predict how they could affect any of the Natura 2000 sites, if at all.

9. Policies further investigated in light of any mitigation

9.1 As detailed above, there are a number of policies which have been screened out as having no LSE. At this stage, mitigation measures need to be considered for the remaining (screened in) policies in order to remove the potential for LSE.

9.2 Table 9-1 identifies the policies which have been screened in for further investigation on the basis of objective information. All policies whose effects cannot be mitigated at this stage need to be the subject of „appropriate assessment‟.

Table 9-1: Further investigation of „screened-in‟ policies Policies where there is Natura sites which could be Qualifying Interest of the Summary of the potential for Mitigation LSE fully addressed by potential for a significant affected European Site significant effect mitigation? effect The Coast Ailsa Craig SPA Gannet Disturbances to bird species during the The Council‟s coastal policy presumes in favour of protecting the Yes Guillemot breading season; foreshore from development. Proposals for development within Herring Gull the wider coastal area will be required to accord with the Kittiwake Possible damage to habitat Council‟s Coastal Strategy and safeguard or enhance the scenic Lesser black-backed gull and environmental quality of the area, including Natura 2000 Potential for pollution in the water sites. Hen Harrier environment during both the construction and operational phases of developments. The Council‟s Coastal Strategy forms part of the adopted South Base-rich fens Ayrshire Local Plan; a document which has been subjected to Glen App and Galloway Moors SPA HRA. The appropriate assessment concluded that that the Grasslands on soils rich in heavy metals SALP, including the Coastal Strategy, would not result in likely Lendalfoot Hills Complex SAC significant effects upon any Natura 2000 sites. Dry heaths The Coastal Strategy, which forms part of the SAPLDP, has not Wet heathland with cross-leaved heath changed. Also, the Strategy specifically identifies Natura 2000 sites as development constraints. Very wet mires often identified by an unstable `quaking` surface Accordingly, it is considered that the coastal policy has been mitigated. Priority habitat: Species-rich grassland with mat-grass in upland areas

Tourism Ailsa Craig SPA Gannet For the purposes of this appraisal this policy The Council‟s coastal policy presumes in favour of protecting the Yes Guillemot can be split into two sections. The first part of foreshore from development. Proposals for development within Herring Gull the policy relates to the retention of existing the wider coastal area will be required to accord with the Kittiwake tourist facilities and guiding new leisure Council‟s Coastal Strategy and safeguard or enhance the scenic Lesser black-backed gull developments to town centres. This element and environmental quality of the area, including Natura 2000 of the policy is irrelevant in terms of any sites. Hen Harrier impacts upon Natura 2000 sites. The Council‟s Coastal Strategy forms part of the adopted South Base-rich fens The second part of the policy relates to the Ayrshire Local Plan; a document which has been subjected to Glen App and Galloway Moors SPA provision of tourist accommodation. Firstly, it HRA. The appropriate assessment concluded that that the Grasslands on soils rich in heavy metals is stated that proposals for tourist SALP, including the Coastal Strategy, would not result in likely Lendalfoot Hills Complex SAC accommodation will be encouraged where significant effects upon any Natura 2000 sites. Dry heaths they are in accordance with LDP Policy: The Coast. The implications of LDP Policy: The The Coastal Strategy, which forms part of the SAPLDP, has not Wet heathland with cross-leaved heath Coast for Natura 2000 sites are addressed changed. Also, the Strategy specifically identifies Natura 2000 above. sites as development constraints. Very wet mires often identified by an unstable `quaking` surface In terms of any impacts as a result of new Accordingly, it is considered that the coastal policy has been tourist accommodation outwith the coastal mitigated. Priority habitat: Species-rich grassland area, the policy lacks spatial details and with mat-grass in upland areas therefore it is not known where, when or how In addition, the policy also lacks spatial detail with the exception it could impact upon any Natura 2000 sites. of reference to the coast. In other instances it is therefore not Acidic scree known where, when or how it could impact upon Natura 2000 sites outwith the coastal area. Plants in crevices on acid rocks

Montane acid grasslands Merrick Kells Clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels

Wet heathland with cross-leaved heath

Acid peat-stained lakes and ponds

Otter

Dry heaths

Depressions on peat substrates

Priority habitat: blanket bog

Minerals and Aggregates Ailsa Craig SPA Gannet The policy could be used to justify the The minerals policy has been amended to include specific Yes Guillemot extraction of granite from the Ailsa Craig. reference to Natura 2000 sites. The policy now reads, inter alia: Herring Gull This could potentially have an adverse Kittiwake impact on the Natura 2000 site by way of: - The Council will presume against development that permanently Policies where there is Natura sites which could be Qualifying Interest of the Summary of the potential for Mitigation LSE fully addressed by potential for a significant affected European Site significant effect mitigation? effect Lesser black-backed gull sterilises known mineral deposits, unless there are significant Disturbances to bird species during the economic benefits, which outweigh the protection of the known breading season; mineral deposit(s). Development proposals with an adverse effect on Natura 2000 sites will not be permitted. Possible damage to habitat Planning applications relating to minerals and aggregates will also require to undergo screening in terms of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 . Estates Lendalfoot Hills Complex Base-rich fens Knockdolian Castle, Colmonell is located The Estates policy is generally one which intends to preserve the Yes 450m away from the Lendalfoot Hills landscape setting of the estate house and the integrity and Grasslands on soils rich in heavy metals Complex. Development at the country estate setting of any recognised designed landscape. Any potential has the potential to adversely impact on the development at Knockdolian would be small scale due to the Dry heaths Natura 2000 site. footprint of the country estate.

Wet heathland with cross-leaved heath However, the initial assessment adopted the precautionary approach and set out that it was feasible that effects could occur, Very wet mires often identified by an It is now considered that there are appropriate mitigation unstable `quaking` surface measures, via the LDP environment and climate change policies, to render this precaution unnecessary. Priority habitat: Species-rich grassland with mat-grass in upland areas

Dark Skies Park Merrick Kells Acidic scree Part of the Merrick Kells is located within the The policy seeks to reduce the disturbance caused by light Yes Galloway Forest Dark Sky Park. pollution within the Galloway Forest Dark Sky Park. This should Plants in crevices on acid rocks Development within the Dark Sky Park area reduce the impacts of light pollution on the „dark skies‟ of the has the potential to adversely impact on the Galloway Forest and control development to prevent artificial Montane acid grasslands Natura 2000 site. lighting from eroding rural darkness.

Clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels

Wet heathland with cross-leaved heath

Acid peat-stained lakes and ponds

Otter

Dry heaths

Depressions on peat substrates

Priority habitat: blanket bog

Outdoor Public Access & Core Paths Glen App SPA Hen Harrier Two identified core paths run through the The policy could be used to facilitate improvements to footpaths. No – undertake appropriate assessment Lendalfoot Hills Complex SAC and Glen App Two of the routes running through the Glen App and Galloway and Galloway Moors SPA. Works to upgrade Moors SPA are identified within the (Draft) South Ayrshire Core the paths which run through these two sites Paths Plan and it is feasible that upgrades or improvements to could adversely impact upon their these path networks within the GAGM could potentially conservation objectives. adversely impact upon the site.

LHC – any works could lead to the deterioration of the qualifying habitats and disturbance to the qualifying species. This would be dependent upon the scale of the works and the location of qualifying habitats and species. This cannot be accurately predicted at this stage and therefore a strategic solution is necessary.

GAGM - It is feasible that the habitats of the qualifying species could be affected by works to path networks. Widening of paths or works to upgrade them could impact upon these habitats which in turn could have impacts upon the qualifying species. Policies where there is Natura sites which could be Qualifying Interest of the Summary of the potential for Mitigation LSE fully addressed by potential for a significant affected European Site significant effect mitigation? effect Galloway and Southern Ayrshire Merrick Kells Acidic scree Part of the Merrick Kells is located within the The Galloway and Southern Ayrshire Biosphere seeks to Yes Biosphere Galloway and Southern Ayrshire Biosphere. promote conservation and sustainable development. The Plants in crevices on acid rocks Development within the Biosphere area has Council‟s policy reflects the aims of the Biosphere. the potential to adversely impact on the Montane acid grasslands Natura 2000 site. The implications of policy upon the conservation objectives of the Merrick Kells SAC are likely to be negligible as the Clear-water lakes or lochs with aquatic designation seeks to limit the amount of development in the area vegetation and poor to moderate nutrient in order to minimise the effects of light pollution. levels

Wet heathland with cross-leaved heath

Acid peat-stained lakes and ponds

Otter

Dry heaths

Depressions on peat substrates

Priority habitat: blanket bog

Renewable Energy Ailsa Craig SPA Gannet All Natura 2000 sites could potentially be This policy has been „screened-in‟ because of the nature of No – undertake appropriate assessment affected by this policy as there is no renewable energy developments and their implications for Guillemot indication, in terms of spatial data, where Natura 2000 sites. There are a number of wide ranging impacts Herring Gull renewable energy developments could take which could occur as a result of renewable energy developments place. However, given the nature of and there is no in-built mitigation which could mitigate these Kittiwake renewable energy developments it is clear effects. that such developments can have severe Lesser black-backed gull implications for Natura 2000 sites, particularly The policy was also screened in because of the recent trends in where they impact upon hydrology and proposed wind farms. Many of the recent proposals received by Glen App SPA Hen Harrier because they increase the likelihood of bird the Council have been within the southern part of South strike. Ayrshire. In some instances, large scale proposals have been Lendalfoot Hills Complex Base-rich fens located within close proximity of Natura 2000 sites. Although this policy could have been screened out under step 3e in Table 7-1, Grasslands on soils rich in heavy metals it was considered necessary to address this issue as soon as possible given that it is becoming an issue within South Ayrshire. Dry heaths In addition, it has been identified that three of the Natura sites Wet heathland with cross-leaved heath contained within this appraisal are currently being influenced by renewable energy activities. Very wet mires often identified by an unstable `quaking` surface

Priority habitat: Species-rich grassland with mat-grass in upland areas

Acidic scree

Plants in crevices on acid rocks Merrick Kells Montane acid grasslands

Clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels

Wet heathland with cross-leaved heath

Acid peat-stained lakes and ponds

Otter

Dry heaths

Depressions on peat substrates

Priority habitat: blanket bog

Atlantic salmon

Policies where there is Natura sites which could be Qualifying Interest of the Summary of the potential for Mitigation LSE fully addressed by potential for a significant affected European Site significant effect mitigation? effect Depressions on peat substrates

Priority habitat: River Bladnoch Blanket bog

Kirkcowan Flow Wind Energy Ailsa Craig SPA Gannet This policy differs from the Renewable The policy was also screened in because of the recent trends in No – undertake appropriate assessment Energy Policy in that is solely deals with wind proposed wind farms. Many of the recent proposals received by Guillemot energy developments. Wind Energy the Council have been within the southern part of South Herring Gull developments can impact upon Natura 2000 Ayrshire. In some instances, large scale proposals have been sites in a number of ways, depending upon a located within close proximity of Natura 2000 sites. Although this Kittiwake number of factors including proximity to policy could have been screened out under step 3e in Table 7-1, Natura sites, topography and the qualifying it was considered necessary to address this issue as soon as Lesser black-backed gull interests of the particular sites. There is a possible given that it is becoming an issue within South Ayrshire. lack of spatial information available at this Glen App SPA Hen Harrier stage and the policy states that there will be In addition, it has been identified that three of the Natura sites supplementary guidance to deal with this contained within this appraisal are currently being influenced by Lendalfoot Hills Complex Base-rich fens issue more specifically. This will include renewable energy activities. spatial data in terms of preferred search Grasslands on soils rich in heavy metals areas for wind energy developments.

Dry heaths It is evident that the potential effects of this policy could be more accurately identified Wet heathland with cross-leaved heath when the spatial data is available (outlining preferred search areas for wind farms) and Very wet mires often identified by an mitigation can be more targeted and unstable `quaking` surface therefore, more effective.

Priority habitat: Species-rich grassland However, given that there is substantial with mat-grass in upland areas pressure for wind energy development within the southern part of South Ayrshire (where 3 Acidic scree of the 4 Natura 2000 sites within South Ayrshire are located) and that there will be a Plants in crevices on acid rocks time delay between the adoption of the Plan Merrick Kells and the issuing of the supplementary Montane acid grasslands guidance, it is considered that the application of an appropriate mitigation measure would Clear-water lakes or lochs with aquatic be a worthwhile precautionary measure. vegetation and poor to moderate nutrient levels The potential effects of wind energy developments upon Natura 2000 sites are Wet heathland with cross-leaved heath wide ranging. There could be disturbance of habitats during construction works, Acid peat-stained lakes and ponds permanent impacts upon the hydrology of an area, impacting upon qualifying habitats and Otter species in the long term, loss of foraging grounds of qualifying species, disturbance of Dry heaths breeding grounds etc. All of these issues are dependent upon the size, scale, nature and Depressions on peat substrates location of development, none of which are known at present. Priority habitat: blanket bog

Atlantic salmon

Depressions on peat substrates

Priority habitat:Blanket bog River Bladnoch

Kirkcowan Flow

10. Appropriate Assessment

10.1 As indicated within Table 9-1, three policies are to be taken forward to the appropriate assessment stage of the appraisal. In line with established methodology, all of the policies were considered in terms of the Natura sites which could be affected, how they could be affected, if there were likely significant effects upon any of the conservation objectives of the qualifying interests of the sites, and whether the likely significant effects could be mitigated at this stage. As indicated in Table 9-1, the policies taken to the appropriate assessment stage were generally non-prescriptive in terms of exact locations or the nature of impacts (if any) that could be accurately predicted.

10.2 The mitigation that was applied, in agreement with SNH, therefore had to be strategic, wide ranging and comprehensive to ensure that any likely significant effects were avoided within the context of any single policy, with the exception of instances where there are no alternative solutions and there are imperative reasons of overriding public interest (including those of a social or economic nature).

10.3 As detailed above, there are two policies which cannot be screened out on the basis of objective information and must therefore be taken to appropriate assessment. The policies which have been taken forward are:

Outdoor Public Access & Core Paths Renewable Energy

Assessment Methodology

10.4 The assessment will look at all of the policies which have been filtered through to the appropriate assessment stage of the process in terms of the European site‟s which could be affected by the content of these policies. It will then consider how the policies will impact upon qualifying interests and their associated conservation objectives.

10.5 The appropriate assessment for each of the screened-in policies is set out below.

Table 10-1: Appropriate Assessment of screened-in policies

Policy likely to have Natura site/s which will be affected Qualifying interest of the European site Summary of the likely significant effect significant effect Renewable Energy All Natura sites contained within the As set out within Table 6-1. The policy could impact upon Natura 2000 sites in a number of different ways depending Appraisal. upon a number of different factors which are not known at present. For example, impacts will be dependent upon the qualifying interests and conservation objectives of the particular Natura 2000 site, the location of the proposed development, the surrounding topography, the extent of the proposed development etc.

It is therefore not possible, to predict with any degree of accuracy, what the implications of this policy will be. However, some general assumptions can be made for the worst case scenario. Renewable energy developments could result in:

decrease in the extent of a habitat within a site; adverse impact upon the processes supporting habitats decrease in the distribution and population of typical species supported by the affected habitat; loss of qualifying species due to adverse impacts upon their supporting habitats. Outdoor Public Access & Glen App and Galloway Moors SPA As set out within Table 6-1. The Outdoor Public Access & Core Paths policy promotes the improvement of all Core Paths Core Paths within South Ayrshire. A Core Path runs through part of the Glen App and Galloway Moors SPA and therefore works to improve this route could potentially impact upon the Natura site.

It is important to note that in most circumstances, works to improve paths will not require planning consent. However, it is feasible that works to improve paths could be constituted as being „development‟ through a requirement to undertake engineering works. In such instances, planning consent would be most likely to be required.

Works to improve that path network within the Glen App and Galloway Moors SPA could result in:

deterioration of habitats of the qualifying interest disturbance to the qualifying species a decrease in the population of the species across the site. decrease in the distribution and extent of habitats supporting the species. Wind Energy All Natura sites contained within the As set out within Table 6-1. The policy could impact upon Natura 2000 sites in a number of different ways depending Appraisal. upon a number of different factors which are not known at present. For example, impacts will be dependent upon the qualifying interests and conservation objectives of the particular Natura 2000 site, the location of the proposed development, the surrounding topography, the extent of the proposed development etc.

It is therefore not possible, to predict with any degree of accuracy, what the implications of this policy will be. However, some general assumptions can be made for the worst case scenario. Renewable energy developments could result in:

decrease in the extent of a habitat within a site; adverse impact upon the processes supporting habitats decrease in the distribution and population of typical species supported by the affected habitat; loss of qualifying species due to adverse impacts upon their supporting habitats. 10.6 Outdoor Public Access & Core Paths

Reasons for Appropriate Assessment

10.7 The policy could be used to facilitate improvements to footpaths. Two of the routes running through the Glen App and Galloway Moors SPA are identified within the (Draft) South Ayrshire Core Paths Plan and it is feasible that upgrades or improvements to these path networks within the Glen App and Galloway Moors SPA could adversely impact upon the site.

10.8 Suitable mitigation measures

This policy has been identified as potentially affecting the Glen App and Galloway Moors SPA because two of the core paths identified within the Draft Core Path Plan run through the site. However, there are a number of informal routes and trails running throughout the countryside which could run through the other Natura 2000 sites. As such they could also be affected by works to improve or upgrade footpaths. It is therefore considered that a broad approach to mitigation is required in order to ensure that it covers all of the sites potentially affected by the content of the policy. As such it is considered that the following wording would act as suitable mitigation and should be included within the policy:

“Development proposals will not be permitted where they would adversely affect the integrity of the Glen App and Galloway Moors SPA.”

10.9 Renewable Energy

Reasons for Appropriate Assessment

The policy was filtered through to appropriate assessment for a number of reasons:

renewable energy developments are one of the most obvious threats to Natura 2000 sites, their qualifying interests and associated conservation objectives; the Council is under considerable pressure for renewable energy developments within the southern part of South Ayrshire and it was therefore considered necessary to acknowledge this and address it within the SAPLDP; renewable energy activities is identified as being factors influencing three of the Natura 2000 sites contained within the appraisal and it was therefore considered that some action was necessary.

10.10 Suitable mitigation measures

10.11 The Scottish Government has set a target of generating 50% of Scotland‟s electricity from renewable sources by 2020. It is therefore essential that this is recognised within the Plan and that renewable energy developments are appropriately and sensibly supported.

10.12 The policy is a high level policy which provides general support for renewable energy developments subject to the specified criteria. It translates that any mitigation would need to be reflective of the strategic nature of the policy and the fact that it could impact upon any of the Natura 2000 sites. The mitigation therefore has to be able to avoid a wide variety of potential effects on several sites. It is considered that the following wording should be inserted into the policy in order to provide the appropriate mitigation:

“Development proposals will not be permitted where they would adversely affect the integrity of a Natura 2000 site.”

10.13 Wind Energy

Reasons for Appropriate Assessment

The policy was filtered through to appropriate assessment for a number of reasons:

wind energy developments are one of the most obvious threats to Natura 2000 sites, their qualifying interests and associated conservation objectives; the Council is under considerable pressure for wind energy developments within the southern part of South Ayrshire and it was therefore considered necessary to acknowledge this and address it within the SAPLDP; renewable energy activities is identified as being factors influencing three of the Natura 2000 sites contained within the appraisal and it was therefore considered that some action was necessary.

10.14 Suitable mitigation measures

10.15 The Council intend to prepare supplementary guidance for wind energy developments following the adoption of the Plan. It is considered that this stage will provide the best opportunity to implement the most effective form of mitigation to deal with any likely significant effects upon any Natura 2000 sites. However, given that there is substantial pressure for wind energy development within the southern part of South Ayrshire (where 3 of the 4 Natura 2000 sites within South Ayrshire are located) and that there will be a time delay between the adoption of the Plan and the issuing of the supplementary guidance, it is considered that the application of an appropriate mitigation measure would be beneficial at this stage.

10.16 Given the lack of spatial details at this stage it is considered that the only option is to provide a high-level, generic mitigation measure. The following wording should therefore be used as a caveat within the policy to provide mitigation until the adoption of the forthcoming supplementary guidance:

“Development proposals will not be permitted where they would adversely affect the integrity of a Natura 2000 site.”

11. In-combination effects of screened-in policies

11.1 Following discussions with SNH, it was confirmed that this appraisal does not need to consider in-combination effects, either as a result of the policies within the plan operating in tandem or as a result of the SAPLDP operating alongside other plans and projects. The reason for this is that no policies were screened out under step 3d of Table 7-1 and therefore there are no aspects of the Plan for which „de-minimis‟ effects were identified.

12. Appropriate Assessment of the housing allocations

The Proposed South Ayrshire Local Development Plan Spatial Strategy

12.1 The Council developed a Preferred Spatial Strategy at the Main Issues Report stage of the LDP process. At this stage, broad locations around settlements were looked at in terms of identifying areas where development could take place. The map contained within the MIR (see Appendix B) shows an indicative area around each of the settlements, acting as a strategic level approach to identifying areas which were considered to be suitable for development.

12.2 For the purposes of this appraisal and to ensure that it is as comprehensive as possible, this map was used to assess the spatial strategy and how it could impact upon Natura 2000 sites. Conducting the assessment process at this level ensures that a strategic approach is taken towards the assessment. A further detailed assessment, looking at individual housing allocations was also conducted.

12.3 In general, the settlement strategy seeks to avoid development around Ayr, Prestwick and Troon and to direct development to the „satellite settlements‟. The appraisal assesses these areas as well as the areas around settlements in the southern part of South Ayrshire, where a flexible approach to meeting housing needs is taken.

12.4 In keeping with the methodology for the assessment of policies, a screening exercise is undertaken to remove identified development areas that could have no likely significant effects upon any of the Natura 2000 sites.

12.5 All of the Natura 2000 sites which have been included in the appraisal are located within the southern half of South Ayrshire and the northern part of Dumfries and Galloway. This is an extremely rural area, where there is a limited amount of pressure for residential development. Table 12-1 is the first stage in the screening process and sets out each of the settlements within South Ayrshire against each of the Natura 2000 sites included within the appraisal. The table sets out, using the precautionary approach, where likely significant effects could not be ruled out on the basis of objective information.

12.6 The assessment of the spatial strategy was considered to be a slightly different exercise than assessing the implications of policies upon Natura 2000 sites. Accordingly, the methodology was altered slightly for this part of the assessment. It was considered that the most appropriate and effective way of conducting this assessment was to look at each individual settlement and where there were any links or pathways to the qualifying interests of the Natura 2000 sites. There are two possible outcomes of the screening exercise of the spatial strategy; either there are likely significant effects (LSE) upon a Natura 2000 site or there are no LSE upon any Natura 2000 sites. This is set out in the final column of Table 12-1.

12.7 Where it is identified that there are LSE upon one or more of the Natura 2000 sites, appropriate assessment will be necessary. The appropriate assessment initially looks at the search areas around those settlements where there is a conceivable impact upon a Natura 2000 site. However, in order to undertake a more detailed comprehensive assessment, specific development sites within those settlements are also the subject of this assessment. The outcome of this part of the appraisal is set out within Tables 12-1 & 12-2.

Table 12-1: Screening aspects of the Spatial Strategy for likely significant effects, (alone, not in-combination) Lendalfoot Hills Complex SAC Merrick Kells SAC Glen App and Galloway Ailsa Craig SPA River Bladnoch SAC Kirkcowan Flow SAC Likely significant Moors SPA effect upon Natura 2000 site Dundonald The Lendalfoot Hills Complex SAC The Merrick Kells SAC is The Glen App and Galloway The Ailsa Craig SPA is located approximately Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and remote from this settlement and Moors SPA is remote from this 8 miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this any development in or around settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon this settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no conceivable upon this SPA. will have no conceivable effect upon this effect upon this SAC. SAC. Troon The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no conceivable settlement will have no in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development effect upon this SAC. conceivable effect upon this have no LSE upon this SPA. or around this settlement will have no development in or around this settlement in or around this settlement will have no LSE effect SAC. conceivable effect upon this SPA. will have no conceivable effect upon this upon this SAC. SAC. Loans The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no conceivable settlement will have no in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development effect upon this SAC. conceivable effect upon this have no conceivable effect upon or around this settlement will have no development in or around this settlement in or around this settlement will have no conceivable SAC. this SPA. conceivable effect upon this SPA. will have no conceivable effect upon this effect upon this SAC. SAC. Symington The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no conceivable settlement will have no in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development effect upon this SAC. conceivable effect upon this have no conceivable effect upon or around this settlement will have no development in or around this settlement in or around this settlement will have no conceivable SAC. this SPA. conceivable effect upon this SPA. will have no LSE upon this SAC. effect upon this SAC. Monkton The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no conceivable settlement will have no in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development effect upon this SAC. conceivable effect upon this have no conceivable effect upon or around this settlement will have no development in or around this settlement in or around this settlement will have no conceivable SAC. this SPA. conceivable effect upon this SPA. will have no conceivable effect upon this effect upon this SAC. SAC. Tarbolton The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no conceivable settlement will have no in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development effect upon this SAC. conceivable effect upon this have no conceivable effect upon or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon SAC. this SPA. upon this SPA. will have no LSE upon this SAC. this SAC. Prestwick The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Mossblown The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Annbank The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Ayr The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Coylton The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 This river is located entirely outwith the This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. South Ayrshire boundary. However, the and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is river does flow out of Loch Maberry which this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in is partly located within South Ayrshire. In interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE order for there to be any impact upon the in or around this settlement will have no LSE upon upon this SPA. SAC, Loch Maberry would have to be this SAC. Lendalfoot Hills Complex SAC Merrick Kells SAC Glen App and Galloway Ailsa Craig SPA River Bladnoch SAC Kirkcowan Flow SAC Likely significant Moors SPA effect upon Natura 2000 site affected. Given the considerable distance between the SAC and this settlement and the fact that there are no obvious links between the two areas it is concluded that development in or around this settlement will have no LSE upon this SAC. Minishant The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Maybole The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Kirkmichael The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Kirkoswald The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Maidens The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Turnberry The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Crosshill The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Straiton The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to any development in or around this development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying settlement will have no LSE upon settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development this SAC. upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon upon this SPA. will have no LSE upon this SAC. this SAC. Dailly Dailly is a small settlement which, in The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No terms of the spatial strategy for the from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to Plan, only has capacity for a limited development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying amount of development. Given the settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development remoteness of the Merrick Kells and upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon the distance that is is away from upon this SPA. will have no LSE upon this SAC. this SAC. Dailly it is clear that any development in or around this settlement will have no LSE upon the SAC. Girvan At its closest point, Girvan is located Girvan is a coastal town located The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, Yes approximately 2.5km from this SAC. approximately 22km to the west Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to The Spatial Strategy indicates that of the Merrick Kells SAC. It is settlement and any development This is an extremely remote island which that there are no obvious links between this settlement, in conjunction with the qualifying Girvan is not one of the preferred clearly evident from looking at in or around this settlement will would be highly unlikely to be affected by any the two areas it is concluded that interests of the site, it is concluded that development search areas for housing, however, the Spatial Strategy that there is have no LSE upon this SPA. development on the mainland. Despite Girvan development in or around this settlement in or around this settlement will have no LSE upon it indicates that there will be a no conceivable way in which the being the nearest settlement to the island, it will have no LSE upon this SAC. this SAC. Lendalfoot Hills Complex SAC Merrick Kells SAC Glen App and Galloway Ailsa Craig SPA River Bladnoch SAC Kirkcowan Flow SAC Likely significant Moors SPA effect upon Natura 2000 site flexible approach to meeting housing expansion of Girvan could is considered that there is no conceivable needs around the town. It is impact, in any way upon this way in which residential development in or therefore conceivable that SAC given the distance around Girvan could impact, in any way upon development will take place around between the two areas. It is the SPA. the town and for the purposes of this therefore concluded that any appraisal, it is assumed that such development in or around this development will take place. settlement will have no LSE Appropriate assessment of the upon the SAC. impacts upon the SAC at this location is required. Barr The SAC is located approximately The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, No 8.5km to the southwest of this from this settlement and any Moors SPA is remote from this miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance to settlement. There are no development in or around this settlement and any development This is an extremely remote island and it is that there are no obvious links between this settlement, in conjunction with the qualifying conceivable links or pathways settlement will have no LSE in or around this settlement will therefore concluded that any development in the two areas it is concluded that interests of the site, it is concluded that development between these two areas and it is upon this SAC. have no LSE upon this SPA. or around this settlement will have no LSE development in or around this settlement in or around this settlement will have no LSE upon therefore concluded that any upon this SPA. will have no LSE upon this SAC. this SAC. development in or around this settlement will have no LSE upon this SAC. Colmonell Colmonell is located approximately The Merrick Kells is remote Colmonell is located The Ailsa Craig is located approximately 8 Given the considerable distance between This site is located entirely outwith South Ayrshire, Yes 500m to the east of this SAC at its from this settlement and any approximately 4.4km to the north miles off of the coast, to the west of Girvan. the SAC and this settlement and the fact and, taking into account the considerable distance closest point. Although this is a very development in or around this of the nearest point of this SPA. This is an extremely remote island and it is that there are no obvious links between from the SAC to this settlement, in conjunction with small site which would only be settlement will have no LSE Given the distance between the therefore concluded that any development in the two areas it is concluded that the qualifying interests of the site, it is concluded that capable of accommodating upon this SAC. two areas, the capacity around or around this settlement will have no LSE development in or around this settlement development in or around this settlement will have no approximately 4 residential units, it Colmonell for development and upon this SPA. will have no LSE upon this SAC. LSE upon this SAC. is necessary to adopt a the fact that it is not within the precautionary approach and to preferred search area for housing undertake an appropriate growth, it is considered that there assessment in order to establish is no conceivable way in which any potential adverse impacts development in or around upon the SAC as a result of the Colmonell could impact upon this expansion of Colmonell. SPA. Ballantrae The Lendalfoot Hills Complex is The Merrick Kells is remote There are links between the two The Ailsa Craig is located approximately 8 This river is located entirely outwith the This site is located entirely outwith South Ayrshire, Yes. located approximately 4.5km to the from this settlement and any areas. It is considered miles off of the coast, to the west of Girvan. South Ayrshire boundary. However, the and, taking into account the considerable distance northeast of Ballantrae. Given the development in or around this necessary to explore impacts This is an extremely remote island and it is river does flow out of Loch Maberry which from the SAC to this settlement, in conjunction with distance between the two area, the settlement will have no LSE further in an appropriate therefore concluded that any development in is partly located within South Ayrshire. In the qualifying interests of the site, it is concluded that fact that there are no obvious links upon this SAC. assessment given the or around this settlement will have no LSE order for there to be any impact upon the development in or around this settlement will have no or pathways between the and the proximity of the SPA to this upon this SPA. SAC, Loch Maberry would have to be LSE upon this SAC. fact that Ballantrae is not within one settlement. affected. Given the considerable distance of the preferred search areas for between the SAC and this settlement and housing growth and would only have the fact that there are no obvious links the capacity to cope with a limited between the two areas it is concluded amount of development, it is that development in or around this concluded that any development in settlement will have no LSE upon this or around this settlement will have SAC. no LSE upon the SAC. Barrhill The Lendalfoot Hills Complex SAC The Merrick Kells is remote The Glen App and Galloway The Ailsa Craig is located approximately 8 Barhill is located relatively close to the This site is located entirely outwith South Ayrshire, No is remote from this settlement and from this settlement and any Moors SPA is located miles off of the coast, to the west of Girvan. River Bladnoch and it has a river running and, taking into account the distance to this any development in or around this development in or around this approximately 8km to the This is an extremely remote island and it is through it. However, there are no settlement from the SAC, in conjunction with the settlement will have no LSE upon settlement will have no LSE southwest of Barrhill. There are therefore concluded that any development in ecological pathways or hydrological qualifying interests of the site, it is concluded that this SAC. upon this SAC. no clear links or pathways or around this settlement will have no LSE links to the River Bladnoch SAC, and development in or around this settlement will have no between the two areas and it is upon this SPA. the scale of development is very small. LSE upon this SAC. therefore concluded that any Therefore is it considered to have no development in or around this likely significant effects on the SAC settlement will have no LSE upon because none of the conservation this SPA. objectives will be undermined. 12.8 Table 12-1 indicates that there are three settlements within which likely significant effects cannot be ruled out on the basis of objective information. These sites require to go through appropriate assessment.

12.9 Table 12-1 effectively acts as the first stage in the process whereby development sites, within settlements with no likely significant effects, can be screened out. The next stage in the process is set out in Table 12-2 and identifies the screened-in settlements and the likely significant effects of the specific housing allocations and a brief appraisal of the implications of the Plan for the affected sites. This is the appropriate assessment stage.

Table 12-2: Appropriate assessment of settlements where likely significant effects have been identified Settlement Natura 2000 site/s Qualifying Interests of the European site/s Summary of the likely significant effect/s; and appraisal of the implications of the Plan for the affected sites potentially affected Girvan Lendalfoot Hills Complex Base-rich fens There are three new housing sites within Girvan, none of which extend the boundaries in such a way as to make the settlement geographically closer to the Natura 2000 site. SAC The three sites have a total capacity of accommodating 90 units which would increase the population of Girvan by approximately 2.8% (based on the average household size Grasslands on soils rich in heavy metals in Girvan). Two of the sites are contained within the existing settlement boundary and are so small that there will be no LSE as a result of their development given both the size of the Dry heaths sites and the considerable distance between the sites and the Lendalfoot Hills Complex SAC. The other site extends the settlement boundary slightly to the east.

Wet heathland with cross-leaved heath There will be no direct LSE upon the Lendalfoot Hills Complex SAC, its qualifying interests and their associated conservation objectives as a result of the development of any of the three housing allocations at Girvan, due to the distance between the housing sites and the Lendalfoot Hills Complex SAC. Very wet mires often identified by an unstable „quacking‟ surface The allocation of housing sites within this area will increase the local population which could increase the amount of people accessing the countryside for recreational Priority habitat: Species-rich grassland with mat-grass in upland areas purposes. This could lead to an increase in the amount of dog walkers within the area, which could impact upon the qualifying interests and their conservation objectives, particularly in terms of disturbing species which are reliant upon the habitats.

The allocation of the identified sites within this settlement will result in a minimal increase of the population within the area. It is feasible that this increase in population could result in more people accessing the nearby Lendalfoot Hills Complex SAC for recreational purposes. However, given the extremely small population increase which is possible as a result of the housing allocations identifies for this settlement, the number of additional people accessing the site for recreation will be negligible. It is therefore concluded that the allocation of the identified housing sites within Girvan will result in no adverse impacts upon the integrity of the Lendalfoot Hills Complex SAC. Colmonell Lendalfoot Hills Complex Base-rich fens This site is identified as having capacity for approximately 4 residential units. The increase in local population is so minimal that it is clear that a development of this size will SAC not have any adverse effects impacts upon the integrity of the Lendalfoot Hills Complex SAC. Grasslands on soils rich in heavy

Dry heaths

Wet heathland with cross-leaved heath

Very wet mires often identified by an unstable „quacking surface

Priority habitat: Species-rich grassland with mat-grass in upland areas Ballantrae Glen App and Galloway Hen Harrier It should be noted that no likely significant effects have been identified as resulting from this allocation; it was simply considered at the screening stage that such effects could Moors SPA not be ruled out due to the distance between the allocated site and the Natura 2000 site.

In order to determine whether adverse effects upon site integrity are possible it is necessary to consider what the qualifying interests of the relevant Natura 200 site is and the associated conservation objectives. In general, the conservation objectives relate to the protection of the qualifying species and its habitat. A housing site located 3.5km away from the Natura 2000 site will clearly have no direct impact upon any of the conservation objectives as a result of the physical building of the site. The only foreseeable way in which the housing allocation could impact upon the Natura 2000 site would be as a result of an increase in the number of people accessing the site as a result of an increased number of people living within the surrounding area.

The housing allocation within Ballantrae is capable of accommodating 35 new residential units. Within the context of South Ayrshire, this is a small number of additional residential units. It is therefore immediately obvious that a small increase in the local population is highly unlikely to have significant adverse impacts upon the integrity of the Natura 2000 site. It is also evident from the information that has been gathered that none of the factors currently influencing the site are as a result of people access the site for recreational purposes. It therefore translates that a small addition to the local population would be highly unlikely to alter this.

As such it is clear that whilst the housing allocation at Ballantrae could result in an increase in the number of people accessing the site for recreational purposes, this slight increase is not enough to result in adverse impacts upon the integrity of the Glen App and Galloway Moors SPA.

12.10 Table 12-2 shows that there are no adverse effects upon any Natura 2000 sites from the specific development sites located within Girvan, Colmonell and Ballantrae.

12.11 It is therefore concluded that there will be no adverse effects upon the integrity of any Natura 2000 sites as a result of the housing allocations (in isolation) contained within the South Ayrshire Proposed Local Development Plan.

13. In-combination effects of the identified development sites

13.1 The SAPLDP proposes numerous new housing sites within South Ayrshire which could be developed during the lifespan of the plan. The previous section has considered the impacts of three settlements in isolation; however, it is also necessary to consider the in-combination (cumulative) effects of the proposed development sites in order to ascertain whether there will be adverse effects upon site integrity.

13.2 For the purposes of this stage of the appraisal, it is considered that it is only necessary to take into account those sites for which LSE were identified in the screening exercise set out within Table 12.1. The sites which will therefore be considered are the sites at Girvan, Colmonell and Ballantrae. Table 14.1 provides a summary of the sites considered within this part of the appraisal.

Table 13-1: Details of sites with LSE Settlement/site Capacity of new Distance to Name of nearest Natura Factors currently influencing the site development sites nearest Natura 2000 site within the 2000 site (km) settlement Ballantrae 35 3.3 Glen App and Galloway agricultural practices Moors SPA renewable activities Colmonell 4 1.0 Lendalfoot Hills Complex agricultural practices SAC renewable or other development leading to alteration of drainage Girvan 90 2.5 Lendalfoot Hills Complex agricultural practices SAC renewable or other development leading to alteration of drainage

13.3 The three sites will result in the development of approximately 129 new residential units within South Ayrshire. This is an extremely small percentage of the number of residential units within South Ayrshire at present. There are several factors at play which, together suggest that the in-combination development of these sites will result in no adverse impacts upon the integrity of any Natura 2000 sites:

It has already been determined that there will be no adverse impacts upon the integrity of any Natura 2000 sites as a result of the development of any of the housing allocations within Girvan, Colmonell or Ballantrae, in isolation. The housing allocations are all located over 1km from the nearest Natura 2000 site and there will therefore be no direct impacts upon the qualifying interests or associated conservation objectives as a result of the development of any of the housing allocations within Girvan, Colmonell or Ballantrae. The extent of new development which could take place as a result of the housing allocation is minimal within the context of South Ayrshire. It is therefore clear that a very small increase in the local population will not result in a significant number of additional people accessing Natura 2000 sites within the area and also adversely affecting the qualifying interests of Natura 2000 sites and their conservation objectives. The factors currently influencing the three sites are not related to people accessing the sites for recreational purposes. It therefore translates that a small number of additional people living within the local area is highly unlikely to alter this position.

13.4 Information obtained from SNH on the two relevant Natura 2000 sites states that the integrity of sites are maintained if:

development avoids the deterioration of the habitats of the qualifying species or significant disturbance of the qualifying species (for the Glen App and Galloway Moors SPA); and development avoids the deterioration of the qualifying habitats (for the Lendalfoot Hills Complex SAC).

13.5 It is concluded that all of the bullet points set out within paragraph 13.3 provide clear evidence that the in-combination effects of the housing allocations at Ballantrae, Colmonell and Girvan will result in no adverse impacts upon the integrity of any Natura 2000 sites. The main reason for this is the extremely small increase in the local population that will result from the housing allocations and therefore, the extremely small number of additional people that will access either of the sites.

14. In-combination effects with other Plan and Projects

14.1 It has been concluded that the development of the housing sites at Girvan, Colmonell and Ballantrae could both impact upon the Natura 2000 sites in terms of the number of people accessing the sites for recreational purposes, however there will be no impacts upon the integrity of these sites. It is logical to consider the impacts which other plans and projects could have upon either of the two Natura 2000 sites in order to determine if there will be any cumulative effects with the allocation of these housing sites.

14.2 The plans and projects which are considered to be of relevance to this „in-combination‟ assessment are:

Ayrshire Joint Structure Plan Technical Report TR03/2006: Guidance on the location of windfarms within Ayrshire; South Ayrshire Draft Core Paths Plan Ayrshire and Arran Forestry and Woodlands Strategy Arecleoch Windfarm (operational)

14.3 Table 14-1 sets out the results of the in-combination assessment of the housing allocations at Girvan, Colmonell and Ballantrae with other relevant plans and projects. Table 14-1: In-combination assessment of housing allocations with relevant plans and projects Plan or Project Has a HRA been conducted of this Natura 2000 sites potentially affected How the plan or project will impact upon the site and Potential interactions with the SAPLDP housing allocations Will the plan or project result in plan or project? to what extent? significant adverse impacts upon the integrity of any Natura 2000 site when considered in-combination with the SALDP? Ayrshire Joint No, although one was conducted of the It was identified that the Glen App and Wind energy developments can have serious implications The implications which a wind energy development would have upon No. Structure Plan AJSP of which this document is a part of. Galloway Moors SPA could be affected due to for Natura 2000 sites depending on how close they are, a Natura 2000 site are of a different scale and different nature to those Technical Report The Technical Report specifically states proximity to the preferred search area for the topography of the area, water catchments etc. which would occur as a result of a limited number of people accessing TR03/2006: Guidance that its purpose is to provide guidance in windfarms. However, the search area was a Natura 2000 site for recreational purposes. For this reason it is on the location of support of existing policies ECON6 and pulled back to ensure that there was a considered that there will be no interactions between the two windfarms within ECON7. suitable buffer between the two areas. No documents. Ayrshire adverse impacts upon any sites are therefore predicted as a result of this document. South Ayrshire Draft A draft HRA has been conducted and we Glen App and Galloway Moors SPA; and The DCPP contains routes which go through both of these The Draft Core Paths Plan has been in the public domain for three No. Core Paths Plan are awaiting comments from SNH. Lendalfoot Hills Complex SAC Natura 2000 sites and it was considered that this could years and therefore the routes have been known for some time. In cause disturbance of the qualifying species within the addition, none of the routes contained within the DCPP are new sites. routes; they were in existence long before the DCPP was formulated. It is therefore clear that any impacts resulting from that Plan have been in existence for a number of years.

Any additional impacts would therefore be as a result of the SAPLDP and these have been addressed within this document. Ayrshire and Arran Yes. No likely significant effects are identified No likely significant effects are identified upon any Natura None; the Strategy will not result in any likely significant effects or „de No. Forestry and upon any Natura 2000 sites. 2000 sites. minimis‟ effects upon any Natura 2000 site and therefore there will be Woodlands Strategy no in-combination effects. Arecleoch Windfarm Yes – an appropriate assessment was Glen App and Galloway Moors SPA It was determined from the appropriate assessment that The main area if concern in respect of the housing allocations is No. (operational) conducted of this project. there will be no adverse impacts upon Natura 2000 site. through additional numbers of people accessing the site for recreational purposes. The Appropriate Assessment for the project states that “recreational activities may increase slightly due to an initial interest in the development but this is likely to be short term and levels of recreation will settle to those levels of pre-construction.” The windfarm has been operational for 11 months and this is therefore no longer considered to be an issue of concern. 15. Conclusions

15.1 The initial screening stage of general policies in the HRA record identified that there were a very limited number of policies which could have a „likely significant effect‟ upon any Natura 2000 sites. The next stage of the process demonstrated that the potential effects of each of these policies could be mitigated by altering the policies.

15.2 Similarly, the HRA considered the spatial implications of the plan. The initial screening exercise for likely significant effects that was undertaken revealed that there were very few areas which have been identified for development which could have a likely significant effect upon any of the Natura 2000 sites. This is mainly due to the extremely rural and sometimes remote location of the Natura 2000 sites within South Ayrshire, where there is little or no pressure for development.

15.3 However, three settlements were not screened out. These sites were assessed in light of the Natura 2000 sites which they could affect, the qualifying interests of the site, their conservation objectives and the vulnerabilities affecting them. From this detailed study, it was confirmed that there would be no adverse effects upon the integrity of any Natura 2000 sites from the development of these sites in isolation or cumulatively.

15.4 It is therefore concluded that, pending the representations from SNH, implementation of the policies and proposals of the SAPLDP would have no adverse effects upon the integrity of any Natura 2000 sites.

Appendix A: Natura 2000 sites

Appendix B: South Ayrshire Local Development Plan Spatial Strategy

Appendix C Housing allocations

Appendix D: Addressing initial comments submitted by SNH

LDP policy Alteration to Details of alteration Alteration of Details of alteration Comments SAC response Fully HRA? LDP? addressed? Minerals and No N/A Yes The policy needs to reflect the wording within the The HRA may need to be updated as the wording The policy has been amended to Yes Aggregates HRA. The Policy needs to include the wording: of the policy has been slightly altered as a result of include the suggested wording. crystal marking. Table 9-1 of the HRA. “Development proposals with an adverse effect on Natura 2000 sites will not be permitted.” Renewable No N/A Yes The policy needs to reflect the wording within the It is considered that a caveat should Yes energy HRA. The policy needs to include the wording: be added to read “Development proposals will not be permitted “Development proposals will not be permitted where where they would adversely affect they would adversely affect the integrity of a Natura the integrity of a Natura 2000 site.” 2000 site.” Land use and No N/A Yes Remove the caveat relating to Natura 2000 sites at This error was due to the policy initially being Amend LDP policy: land use and Yes transport the end of the policy. screened in and the subsequent application of a transport to remove last paragraph mitigation measure. relating to Natura 2000 sites. Strategic road No N/A Yes Remove the caveat relating to Natura 2000 sites at This error was due to the policy initially being Amend LDP policy: strategic road Yes development the end of the policy. screened in and the subsequent application of a development to remove last mitigation measure. paragraph relating to Natura 2000 sites. Town centre traffic No N/A Yes Remove the caveat relating to Natura 2000 sites at This error was due to the policy initially being Amend LDP policy: town centre Yes management the end of the policy. screened in and the subsequent application of a traffic management to remove last mitigation measure. paragraph with reference to the cycling and walking network and a Natura 2000 site. Outdoor public No N/A Yes The policy needs to include the mitigation measure Possibly removed through the Crystal Marking Amend LDP policy: outdoor public Yes access and core set out within the HRA: process. access and core paths to align with paths the HRA. Include the text “Development proposals will not be permitted where “Development proposals will not be they would adversely affect the integrity of the Glen permitted where they would App and Galloway Moors Special Protection Area.” adversely affect the integrity of the Glen App and Galloway Moors Special Protection Areas”. Tourism Yes Clarification had to be No N/A Amend HRA to include the following: N/A Yes provided as to why this policy was not screened “Given the general nature of the policy other than out and the reasons why it reference to coastal areas, the policy lacks spatial was considered detail and is therefore not known where, when or unnecessary to give any how it could impact on natura 2000 sites.” further consideration to the potential effects of this policy. Wind energy Yes Table 9-1 in the HRA must Yes The wording of the policy will require to be altered to SNH agree that although caveats could be passed Amend the wording of LDP policy: Yes be altered to provide a reflect the wording within the HRA i.e. to include the down to the forthcoming SG, that there would be wind energy to include a caveat with generic caveat relating to caveat. no harm in including a caveat within the policy regard to Natura 2000 sites to align the avoidance of impacts itself. with HRA. Furthermore, this caveat upon the integrity of should also be included within the Natura 2000 sites. Wind Energy SG.

The wind energy policy was taken through to the appropriate assessment stage and a suitable caveat was applied.