APPENDIX F: ASSESSMENT OF THE SCOTTISH BORDERS LOCAL PLAN IN TERMS OF THE NEED FOR APPROPRIATE ASSESSMENT Appendix F. Assessment of the Scottish Borders Local Plan in Terms of the Need for Appropriate Assessment. Purpose To advise Council on the output from assessing the Local Plan in terms of the need for Appropriate Assessment and to agree that this report is sent to the Scottish Ministers as part of the Council’s submission on the Local Plan. Background Policy Context A recent European Court ruling has confirmed that Article 6(3) of the Habitats Directive applies to Development Plans. Where a Local Plan is likely to have a significant effect on a European site it should be subject to an Appropriate Assessment of the implications for the site’s conservation objectives. The Scottish Executive produced Interim Guidance entitled “Assessing Development Plans in Terms of the Need for Appropriate Assessment” in May 2006. This outlines why consideration of this is necessary, what steps are required and how the Scottish Government and Scottish Natural Heritage can assist. In the future the Scottish Government intend to supersede this guidance by amending The Conservation (Natural Habitats, &c.) Regulations 1994 (“Habitats Regs”). The Scottish Borders Local Plan does not need a Strategic Environmental Assessment. This is because the Strategic Environmental Assessment Gateway granted the Planning Authority exemption in spring 2006 in acknowledgement of the substantial consideration of environmental issues and public consultation. Natura Sites Natura Sites are the collective term for internationally designated nature conservation sites including Special Areas of Conservation (SAC), Special Protection Areas (SPA) and Ramsar sites. There are fourteen Natura Sites in the Borders, some of which have more than one designation, see Annex 1 for their locations. These are designated because of their habitat and/or species interest and are of the following main type: rivers, birds, upland and/ or bogs, coastal or woodland. The “qualifying interests” and “conservation objectives” for these sites are listed in Annex 2. Appraisal of Individual Policies It is considered that the likely significant effect of all Local Plan policies on Natura Sites is neutral, see Annex 3. It is considered that there will be no significant negative effects because Policy NE1 – International Nature Conservation Sites applies to any development proposal that has a possible link with a Natura site. The aim of Local Plan Policy NE1 is to give wildlife sites of international importance adequate protection from development, in accordance with European Directives and UK legislation. This policy applies to all development proposals that have a possible link to a Natura site and will ensure that any proposal that may have a significant impact on a Natura site would be subject to an Appropriate Assessment. The Waverley Line was identified on the Proposals Maps under Policy Inf1 – Transport Safeguarding. A full Appropriate Assessment was approved by the Scottish Parliament for the Waverley Railway Project from Edinburgh to Tweedbank. As an additional safeguard Local Plan policies that have the potential to have negative effects on Natura sites will be cross referenced to Policy NE1. 1 Appraisal of Land Use Allocations The Plan’s land use allocations and other key proposals were considered to identify the possibility of a significant effect on a Natura Site. The 2005 Biodiversity Risk Assessment of Local Plan Sites was the main source of information for this. This Risk Assessment was carried out for land use allocations (allocations) in the Draft Local Plan 2004 and some allocations included in the Second Stage Consultation on the Draft Local Pan in 2005. This assessment considered potential risk to biodiversity, including Natura sites. It was a desk top study of known information, therefore there is not a complete coverage of habitats and species information. This assessment considered the proximity of each allocation to species of interest or habitat features, biodiversity connectivity and site size. Each of the sites was allocated to a category of risk to biodiversity, either major, moderate or minor. The Biodiversity Risk Assessment was reviewed to identify allocations which were considered to be a moderate or major risk to the qualifying species or habitats of a Natura site, See Annex 4. These allocations were reported in a screening matrix where they had a potential link to a Natura site, see Annex 5. The allocations likely to have a minor or no risk to a Natura site were noted in Annex 6. An in house study was carried out for sites that were first allocated in the Finalised Local Plan 2005 or included in the Proposed Modifications to the Finalised Local Plan, as they were not subject to the Biodiversity Risk Assessment. The Geographical Information System was used to identify which of these later sites were within 500 metres of a Natura site. If they were more than 500 metres from a Natura site they were considered to have minor or no impact. The sites within 500 metres of a Natura site were assessed in house, comparing them with sites in the Biodiversity Assessment which were similar in nature and nearby if possible. The remainder were identified as not assessed. These sites were also reported in the screening matrix if they had a potential link to a Natura site or had not been assessed, see Annex 5. If these sites are likely to have a minor or no risk to a Natura site they were noted in Annex 6. The Proposed Modifications to the Finalised Local Plan include the deletion of some land use allocations. Therefore although these sites were part of the screening process they have not been included in Annexes 5 and 6. The likely significant effect of all land use allocations on Natura Sites is considered to be neutral. It is considered that no further Appropriate Assessments are required at Local Plan stage for the land use allocations. Any potential significant effects of individual proposals will be assessed at the planning application stage when the requirement for Appropriate Assessment would be further considered. The likely effects on Natura sites from the allocations could be mitigated at planning application stage. The likely effects to be considered include disposal of construction material, disturbance, damage or destruction of qualifying habitats or species, pollution and discharges from foul and surface water. With regard to the River Tweed SAC there will be a focus on likely effects on river flow, channel substrate and water quality. SEPA regulates effects on water quality. 2 Cumulative Impact of Scottish Borders Local Plan Policies and Proposals on Natura Sites. Scottish Natural Heritage (SNH) and the Scottish Environment Protection Agency (SEPA) did not object to the Local Plan on the cumulative impact of Local Plan policies and proposals on Natura sites. They were further consulted on this matter as part of the Appropriate Assessment screening process on the Local Plan. Further work was carried out to appraise the cumulative impact of Finalised Local Plan policies and proposals on the River Tweed SAC. SEPA were sent additional information on the potential cumulative impact of this on the River Tweed SAC and were asked for their comments, see Annex 7. Land Use Allocations under Policy H3, safeguarded sites under Policy BE10 Newtown St Boswells Expansion Safeguarding and the safeguarded site under Policy BE11 H1A Land Safeguarding were considered. They were identified if they fell within 500m of the River Tweed SAC, had a housing component and do not appear in an existing Local Plan. New Finalised Local Plan sites or policy safeguarding areas within 500m of the River Tweed include: 150ha of new land use with a total indicative capacity of 1950 units; Policy BE11 sites with an indicative capacity of 50 units on 4ha; the Policy BE10 site where 900 units are safeguarded. SEPA responded by stating that provided each development is considered appropriately in its own right and given that the planned Local Plan developments to date are relatively small to moderate at most it did not consider that there will be a deleterious cumulative impact form the Local Plan. SNH considered that Local Plan policies and proposals have the potential to have a cumulative impact on the Borders Woods SAC. These include land use allocations and the Policy BE10 Newtown St Boswells Expansion Safeguarding. This impact is likely to come from the disturbance of increased recreational use and domestic dumping of rubbish. However SNH considered that these effects can be mitigated at the planning application stage and therefore are not significant. It is therefore considered that the Local Plan policies and proposals will not have a cumulative impact on the Natura sites, including the River Tweed SAC. Consultation SNH & SEPA have been consulted on the need for an Appropriate Assessment of the Local Plan. An initial scoping meeting was held with SNH on 18.4.07 and a joint meeting with SNH and SEPA was held on 12.7.07 to review the screening matrix, Annex 5, and discuss the cumulative impact of the Local Plan on Natura Sites. SNH and SEPA were consulted on the Proposed Modifications to the Finalised Local Plan during the consultation period from November 2007 to January 2008. SNH’s comments on the potential impact of two proposed modifications sites on the Tweed SAC have been noted in Annex 5. Risk Commentary This appraisal has been carried to meet the requirement of the European Union’s Habitats Directive and Scottish Government Guidance. This requires that where a Local Plan is likely to have a significant effect on a European site they should be subject to Appropriate Assessment of their implications for the site’s conservation objectives. 3 Summary This appraisal of the potential effects of the Scottish Borders Local Plan on Natura sites concludes that an Appropriate Assessment of the Local Plan is not necessary.