Proposed Plan Habitats Regulation Appraisal Record

Proposed Aberdeenshire Local Development Plan 2010 and associated supplementary guidance

Habitats Regulation Appraisal (HRA) Record

March 2012

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Contents 1. Introduction 2

2. Plan Context 2

3. Identification of relevant Natura sites 3

4. Plans and Project considered ‘in combination’ 5

5. Screening 5

5.1 Screening of Policies 6

5.2 Screening of Proposals 10

5.3 Cumulative Issues 14

6. Safeguarding policies & Mitigation 15

7. Appropriate Assessment 17

8. Conclusion 17

9. Appendices 18

Appendix 1: Appropriate Assessment 18

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1. Introduction European Directive 92/43/EEC (The Habitats Directive) requires competent authorities to carry out an appropriate assessment of plans and projects that, either alone or in combination with other plans and projects, are likely to have a significant effect on European designated sites. The process of appropriate assessment tests whether a plan or a project is likely to have a significant negative impact on any: • Special Area of Conservation (SAC) – a European designation which protects habitats • Special Protection Area (SPA) – a European designation which protects birds • Ramsar Site – a International designation which protects wetlands

Jointly these sites will be referred to a 'Natura sites’ throughout this document but they are also commonly referred to as 'European sites' or 'International sites'. Although Ramsar sites are not legislated under European legislation, as a matter of policy, Scottish Ministers have extended the requirement for assessment to Ramsar sites listed under the International Convention on the Conservation of Wetlands of International Importance. Aberdeenshire Council cannot adopt plans until having ascertained that there will be no adverse effect on the integrity of the site/s in question. The process of identifying sites, screening for significant effects and appropriately assessing plans and projects is formally known as a Habitats Regulations Appraisal (HRA). This appraisal assesses whether any policies or proposals within the Proposed Local Development Plan could, either individually or in combination with other plans and projects, have a significant effect on Natura sites. The Council must consider where the plan is likely to have a significant effect on a Natura site, and if it is found to have an effect must carry out an appropriate assessment to determine the affect on the integrity of Nautra sites. There are three stages to the Habitats Regulation Appraisal: HRA Stage 1: Assess likely significant effects (screening)

HRA Stage 2: Appropriate Assessment and ascertaining the effect on site integrity

HRA Stage 3: Mitigation and alternative solutions 2. Plan Context The Aberdeen City and Shire Structure Plan (2009) constitutes the Council’s strategic land use planning framework. The structure plan aims to lead the way in promoting economic growth and diversification whilst addressing the urgent challenges of sustainable development and climate change. It identifies local development plans as one of the key implementation tools, highlighting a number of areas where these plans need to take action. The structure plan identifies three strategic growth areas, which will be the main focus for development in the area up to 2030. The structure plan makes allowance for 72,000 new homes and associated employment land, of which half will be located in Aberdeenshire. A HRA was undertaken on the structure plan. The Aberdeenshire Local Development Plan is being produced under the new planning regulations. It adopts the vision and aims of the structure plan and the objectives are based on those aims. a) To grow and diversify the economy. b) To take on the challenges of sustainable development.

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c) To make sure the area has enough people, homes and jobs to support services and facilities. d) To protect and improve assets and resources. e) To promote sustainable mixed communities with the highest standards of design. f) To make efficient use of the transport network. Preferred and alternative options for each of these objectives were considered through the Main Issues Report (MIR) and the associated Environmental Report. In this respect the policies and proposals have undergone modification to ensure the impact on the environment is minimised. The spatial strategy promoted by the Local Development Plan is consistent with that promoted by the Aberdeen City and Shire Structure Plan. Development allocations and the operation of policies reflect the divisions presented in the Structure Plan. The appropriate assessment of the structure plan highlighted elements of the plan that would require a more detailed assessment through the Local Development Plan HRA. The aims and objectives of the Proposed Local Development Plan are to be met by the policies and proposals within the proposed plan. In this respect the detailed screening and assessment focuses on the policies and proposal contained within the proposed plan but with consideration of other plans and projects which may have an ‘in combination effect’. Policies are presented within the plan. These are currently supported by 51 pieces of supplementary guidance. The Screening Report for the HRA considered the effects of this supplementary guidance as an integral part of the plan. Any future supplementary guidance deriving from the Local Development Plan will require to undergo the process of HRA. 3. Identification of relevant Natura sites For the purpose of this assessment it is proposed that any Natura site within 10 kilometres of the area covered by the Local Development Plan will be assessed for any likely significant effects of the plan. This includes key sites which are designated for migratory birds.

Each designation counts as a site, although for the purposes of the HRA the sites have been grouped if they share the same geographical boundaries. The screening report contains the full details of the sites including the conservation objectives, and the main areas of sensitivity that need to be considered against the proposals and policies. Figure 1 lists the Natura sites considered in this report. Figure 2 shows the spatial distribution of these sites. Figure 1: Natura sites within the Aberdeenshire Local Plan Area

DESIGNATIONS

Site Number SITE NAME

SAC SPA RAMSAR

1 & 2 Buchan Ness to Collieston

3 Garron Point

4 Hill of Towanreef

5 Mortlach Moss

6 Red Moss of Netherley

7 Reidside Moss

8 River Dee

9 Sands of Fovie

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10 Turclossie Moss

11 Fowelsheugh

12 & 13 Loch of Skene 14 & 15 Loch of Strathbeg 16 Tips of Corsemaul and Tom Mor

17 Troup, Pennan, and Lion's Head

18 Ythan Estuary, Sands of Forvie and Meikle Loch

19 Ythan Estuary and Meikle Loch

Sites outside the Aberdeenshire Local Plan Area but within the scope of this assessment

(within 10km of the Local Development Plan Boundaries) DESIGNATIONS Site Number SITE NAME

SAC SPA RAMSAR

20 Dinnet Oakwood

21 Green Hill of Strathdon

22 & 23 Glen Tanar

24, 25 & 26 Muir of Dinnet

27 Morven and Mullachdubh

28 & 29 Montrose Basin Figure 2: Geographic location of Natura sites

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4. Plans and Project considered ‘in combination’ The Habitats Directive also requires consideration of the implications of the plan for sites likely to be affected in combination with other plans and projects. We have considered the following Plans and Projects might, as these in combination with the Aberdeenshire Local Development Plan, might have an effect on Natura sites in Aberdeenshire: • Aberdeen City and Shire Structure Plan (2009) • Aberdeen City Local Development Plan (Main Issues Report Stage) • Aberdeenshire Core Path Plan • Aberdeenshire Local Transport Strategy • Aberdeenshire Local Housing Strategy • Aberdeenshire Sustainable Development Strategy • Aberdeen Western Peripheral Route • Energetica Framework • NESTRANS Regional Transport Strategy • Aberdeenshire Open Space Strategy (Draft)

The key implications of these in combination with the Local Development Plan are: • The structure plan identifies the need for 36,000 new houses and 175 hectares of

employment land. The implications of this growth will be an increase in the amount of water required to be abstracted from water bodies including the River Dee. This is a key issue which needs to be tackled strategically and is discussed in the screening section below. It could also increase pressure on Natura sites in Aberdeenshire which are utilised for recreational purposes.

• Aberdeenshire Local Transport Strategy, the Regional Transport Strategy and the Aberdeen Western Peripheral Route (AWPR)/A90 improvements have development implications likely to affect Natura 2000 sites. The AWPR and A90 improvement scheme are not however a derivative of the plan and although it will have implications for Aberdeenshire these plans have undergone a separate assessment.

• Energetica is an ambitious privately driven project which is in part supported by the northern Strategic Growth Area in the Structure Plan. It is designed to position the Aberdeen City and Shire as a global energy hub. It aims to create a concentration of energy technology companies, housing and leisure facilities along a 30-mile corridor from Aberdeen to Peterhead. Some of the proposals within the plan are connected with this strategy. The encouragement of this private development strategy could have an effect on Natura sites within this area.

• The Core Paths Plan and Open Space Strategy proposes active use of paths and open spaces and creation of new paths that could pass through or encourage the use of some sensitive sites. Much of the Draft Open Space Strategy’s approach to providing new open spaces has been encompassed within the policies and proposals in the Proposed Local Development Plan and the combined effects of promoting new open spaces has been considered within the screening.

5. Screening The screening stage is used to inform the scope of the appropriate assessment. Although guidance on conducting appropriate assessment exists there is currently no standardised methodology for HRA and therefore the approach taken has been determined through consideration of good practice and discussion with Scottish Natural Heritage (SNH). Initial responses from SNH have been taken into account.

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The screening exercise has involved; the identification of relevant Natura sites along with a description of those sites including the qualifying features, current condition, threats and key areas; the consideration of other plans and proposals in combination, and the screening of the Proposed Local Development Plan policies and proposals to determine which were ‘likely to have a significant effects' in general and the 'likely significant effects' on the integrity and protection on Nautra sites. A pre-screening of the policies provided a filter for those policies which were unlikely to have a significant effect due to the nature of the policies. The remaining policies and the proposals were then considered as to whether they were likely to have a significant effect on each Natura site. In making the judgement of a 'significant effect' on a site, the likelihood of the impact, the sites condition in relation to its main sensitivities and the location and the magnitude of any impact has been considered. Any effect that could undermine the conservation objectives of the Natura site has been identified. Importantly, the precautionary principle has been applied to the screening assessment. If sufficient information is not available or where there is an element of doubt and further research is needed the HRA should proceed to stage 2 of the assessment1. All proposals considered through the Main Issues Report were screened using matrices which included impacts on designated nature conservation sites including Natura sites. Potential impacts have therefore been considered as a key element of the plan making process. All policies and proposals have been subject to scrutiny from SNH. Policies have undergone modification at the MIR stage of the process and have been amended to reflect the views of SNH and SEPA on environmental issues. The screening of the plans main elements, its policies and proposals is available as a separate report (Habitats Regulation Appraisal Screening Report), should a more detailed reasoning for the screening decisions be required. 5.1 Screening of Policies Table 1 shows, at a glance all, of the Local Plan policies that have been screened out of the assessment. These policies and guidance have been grouped into Categories A – F to reflect the reason for not considering the policy or guidance further. It should be noted that several policies fall into more than one category as they refer to site specific proposals but also allow for potential future non site specific proposals.

Table 1: Policies screened out from further assessment

Key Policies

Supplementary Guidance Reasoning

Development of business

Town Centres and retailing

Development in the

Affordable Housing

Master-planning

Layout, siting and design of new development

A Policies/guidance provides general policy statements or provides guidance which will not lead to development (i.e. on an issue such as design or quantitative criteria). Although in some cases the

1 The case ruling (Waddenzee case C-127/02) stated that ‘any plan or project not directly

connected with or necessary to the management of the site is to be subject to an appropriate assessment of its implications for the site in view of the sites conservation objectives if it cannot be excluded, on the basis of objective information, that it will have a significant effects on that site, either individually or in combination with other plans or projects’. Therefore it is critical to consider cumulative impacts.

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Countryside

Special types of rural land

Affordable Housing

Other Special Housing Needs

Layout siting and design of new developments

Safeguarding of resources and areas of search

Enabling Development

Developer Contributions

Special types of rural land

Developer Contributions

Waste management requirements for new development

Carbon Neutrality in new development

policies are supportive of development, where this is the case, no development could occur through this policy alone, because it is implemented through sub-ordinate supplementary guidance. Therefore it is more appropriate to assess for their effects on a Natura site.

Natural Heritage

Development in the coastal zone.

Hazardous development

Protection of nature conservation sites

Protection of the wider biodiversity and geodiversity

Protection and conservation of the water environment

Protection and conservation of trees and woodland

B The policy/guidance is safeguarding in nature intended to protect the natural environment and will help to steer development and land use away from a Natura site and associated sensitive areas.

Protection, enhancement and conservation of the historic environment Landscape conservation

Landscape Character

Valued views

Listed Buildings

Conservation Areas

Historic Gardens and Designed Landscapes

Archaeological Sites and monuments

Protection and conservation of agricultural land

Public Open Space

C The policy is intended to conserve or enhance the natural, built or historic environment, and enhancement measures will not be likely to have any effect on a Natura site.

Development of business land

Housing Land Allocations 2007 – 2016

Housing Land Allocations 20017 – 2023

Office Development

Development for particular needs

Public Open Space

Areas of search for waste facilities

Safeguarding employment land

Public Facilities

D The policy/guidance is related to site specific proposals which are best assessed through the consideration of proposals within the plan or the policy safeguards areas for proposal which are not in themselves promoted by the plan.

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Gypsies/travellers

Safeguarding transportation facilities

Safeguarding oil and gas sites

Areas of search for minerals

Public Access

Homeworking

Residential Caravans

E The policy/guidance allows for development or change but the potential effects of the policies would be minimal or so restrictive that an effect would not be significant and would not undermine the conservation objectives of Natura sites.

Development for particular needs

House Extensions

Contaminated Land

Gypsies/travellers

Public Facilities

Public Open Space

F Although the guidance promotes development the effects on any particular Natura site cannot be identified, because the proposal or part of the proposal is too general, for example, it is not known where, when or how the proposal may be implemented, or where effects may occur, or which sites, if any, may be affected.

Table 2 below shows the policies that may have a likely significant effect on the Natura sites identified.

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Table 2: Potential likely significant effects on Natura sites from Policies

Likely significant effect on Natura sites by policies

Des

igna

tion

-SA

C

Des

igna

tion

- SPA

Des

igna

tion

– R

AM

SAR

Polic

y

SG

: Tou

rist F

acili

ties

and

acco

mm

odat

ion

SG

: Tow

n C

entre

s an

d R

etai

ling

SG

: Ret

ail D

evel

opm

ent i

n th

e co

untry

side

SG

: Hou

sing

and

bus

ines

s de

velo

pmen

t in

the

coun

trysi

de

SG

: Win

d Fa

rms

and

Med

ium

to

Lar

ge w

ind

turb

ines

SG

: Oth

er re

new

able

ene

rgy

deve

lopm

ents

SG

: Min

eral

s (s

ee A

ppen

dix

1

for d

etai

ls*)

SG

: Dev

elop

men

t in

the

Gre

en

Bel

t

SG

: Inf

ill D

evel

opm

ent

SG

: Flo

odin

g an

d E

rosi

on

SG: A

cces

s to

new

de

velo

pmen

t (hi

ll tra

cks)

SG

: Was

te a

nd w

aste

wat

er

drai

nage

infra

stru

ctur

e

SG

: Ena

blin

g D

evel

opm

ent t

(s

uppl

emen

tary

gui

danc

e)

Natura site

Buchan Ness and Collieston X X

Garron Point X

Hill of Towanreef X

Mortlach Moss X

Red Moss of Netherley X

River Dee X

Sands of Forvie X

Turclossie Moss X

Fowlesheugh X

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Loch of Skene X X

Loch of Strathbeg X X

Tips of Corsemaul & Tom Mor X

Troup Pennan and Lions Head X

Ythan Estuary, Sands of Forvie and Meikle Loch X X

Sites outside or adjacent to Aberdeenshire Local Development Plan

Dinnet Oakwood X

Green Hill of Strathdon X

Glen Tanar X X

Muir of Dinnet X X X

Morven and Mullachdubh X

Montrose Basin X X

*All areas of search and safeguard areas have been considered within Appendix 2. Where there is potential for a likely significant effect on a Natura site the site has been included as requiring further considerations through the Appropriate Assessment. 5.2 Screening of Proposals Table 3 shows the proposals, by settlements, which are considered unlikely to have a significant effect on Natura designations. Table 4 shows proposals which may have a likely significant effect either in isolation or cumulatively. Appendix 3 provides the background reasoning for screening in proposals and details of the proposal for each settlement. The majority of impacts are considered to be indirect cumulative impacts which need to be considered further. Table 3: The proposals, by settlement, which have been screened out of further assessment

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Area Settlement Reason Banff, Crudie, Fordyce, Fraserburgh, Crudie, Inverboyndie, MacDuff, Memsie, New Byth, Portsoy, Rathen, Rosehearty, Sandend, Sandhaven/Pittulie, Whitehills

The proposals sites are not proximate or upstream of a Natura site. Developments creating significant widespread changes in air/water quality are not envisaged.

Aberchirder, Cornhill The sites relatively close to Reidside Moss (within 5km) but are downstream and minor therefore it is not considered likely that the proposals will have an effect on the qualifying interest of the site.

Cairnbulg and Inverallochy, Rathen, The sites are around 7km from the Loch of Strathbeg but are small in scale and do not drain towards the site hence it is unlikely that there will be a significant effect on the site.

Banff and Buchan

Gardenstown, New Aberdour, Tyrie The proposals sites are relatively (within 5km) close to the SPA and significant direct and indirect impacts on the breeding bird assembly is not considered likely. Recreational use is not currently considered as having a major impact on the site and the steep cliffs prevent most forms of access and the level of development in each settlement is minor.

Fetterangus, Longside, Maud, Mintlaw, New Deer, Old Deer, Rora, Strichen, St Fergus, Stuartfield

The proposals sites are not proximate or upstream of a Natura Site. Developments creating significant widespread changes in air/water quality are not envisaged.

Buchan

St Combs The proposal is within 5km of the Loch of Strathbeg but the proposals are small in scale and the site is managed specifically to accommodate visitors.

Formartine Balmedie, Belhelvie, Blackdog, Cumineston, Daviot Garmond, Oldmeldrum, Rashierieve Foveran, Turiff


Blackburn, Chapel of Garioch, Inverurie and Port Elphistone, Keithhall Kemnay, Kinmuck, Kintore, Newmachar, Old Rayne, Sauchen and Cluny


Garioch

Echt The proposal is within the catchment of the River Dee SAC but is relatively small and not located close to a watercourse, and do not require additional new or upgraded waste water drainage infrastructure (other than connections). The proposal is some distance from the designation and therefore there is unlikely to be a recreational impact on the qualifying interests of the site.

Auchenblae, Drumlithie, , Edzell Woods, Fettercairn, Findon, Fourdon, Gourdon, Inverbervie, Laurencekirk, Luthermuir, Kirkton of Maryculter, Marykirk, Marywell, Newtonhill, , Portlethen,

The proposals are not proximate or upstream of a Natura site. Developments creating significant widespread changes in air/water quality are not envisaged.

Kincardine and Mearns

Kirkton of Maryculter , Drumoak , Park The proposals are within the catchment of the River Dee SAC but are all small proposals away from watercourses which do not require additional new or upgraded waste water drainage infrastructure (other than connections). The proposals are not located in close vicinity of each other and therefore are unlikely to cause a recreational impact on the

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qualifying interests of the site.

Muchalls, Stonehaven The proposal site is relatively close (within 5km) of Garron Point SAC but is small in scale. There are no direct or promoted path links to Garron Point from Muchalls or Stonehaven.

Marr Alford, Cairnie, Clatt, Drumblade, Drumdelgie Calving Unit, Forgue, Gartly, Glass, Huntly, Keig, Kennethmont, Lumsden, Monymusk, Muir of Fowils, Rhynie, Towie


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Table 4: Likely significant effects of proposals, by settlement, on Natura sites Likely significant effect on

Natura site by settlement

Des

igna

tion

-SA

C

Des

igna

tion

- SPA

Des

igna

tion

- RA

MS

AR

Settl

emen

t

Auc

hnag

att

Bod

dam

Crim

ond

Cru

den

Bay

Hat

ton

Long

have

n

Pete

rhea

d

Ello

n

Fove

ran

Met

hlic

k

New

burg

h

Tarv

es

Udn

y G

reen

Udn

y St

atio

n

Wes

tfiel

d Fo

vera

n

Ytha

n B

ank

Wes

thill

Elsi

ck

Abo

yne

Ban

chor

y

Cra

thes

Finz

ean

Ichm

arlo

Kin

card

ine

O N

eil

Logi

e C

olds

tone

Stra

chan

Tarla

nd

Natura Site

Buchan Ness and Collieston X X

Red Moss of Netherley X

River Dee X

Sands of Forvie X

Loch of Skene X X

Loch of Strathbeg X X

Ythan Estuary, Sands of Forvie and Meikle Loch

X X

Muir of Dinnet X X X

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From consideration of tables 2 and 4 it is possible to identify that eight of the twenty nine Natura sites identified can be screened out of future assessment as there is unlikely to be a significant effect on these sites. These are:

• Garron Point • Mortlach Moss • Turclossie Moss • Fowlesheugh • Dinnet Oakwood • Green Hill of Strathdon • Morven and Mullachdubh • Glen Tanar (SAC only)

As shown in tables 2 and 4 above, there are a number of supplementary guidance policies and proposals which could have a significant effect on Natura sites and will therefore require an appropriate assessment. None of the Policies contained within the plan have been screened in as they are of a generic nature and are implemented through the supplementary guidance. 5.3 Cumulative Issues The majority of potential effects from proposals and policies are cumulative effects (what happens when many small effects are added together). These issues have been highlighted through the screening exercise as of particular concern due to their sensitivity to impacts arising from development and the difficulty of dealing with these issues on a site by site basis. As such some of these issues have been clarified prior to the appropriate assessment. Water abstraction is currently an issue affecting the River Dee SAC. In theory proposals that would result in an increase in abstraction from the River Dee could, cumulatively, have a likely significant effect. Aberdeen City and the area along Deeside, south to Stonehaven, north-west to Alford and Gartly and north to Ellon is all served by water abstracted from the River Dee or immediate tributaries. Discussion has taken place at a strategic level, which has included Aberdeenshire Council, SNH, SEPA and Scottish Water to establish a position on the issues relating to the likely increase in requirements for potable water. Reviews have recently been undertaken of the Controlled Activities Regulation (CAR) and no amendment to either license is proposed in the short-term. The current and short-term situation in terms of the River Dee is that no significant problem is envisaged until between 25–30,000 new homes are built, thus allowing sufficient time to inform investment programmes. The structure plan and hence the Aberdeenshire Local Development Plan requires the greater use of water saving technology in new development. The ‘layout siting and design of new development’ supplementary guidance requires the consideration of water saving technology in development. Water quality in relation to phosphates has been particular issue on both the River Dee and River Ythan (therefore all policies and proposals which promote development that utilises waste water treatment have been screened in). Proposals could also increase sedimentation or pollution to a water course which could have an impact on water quality when considered alongside other sites. Recent correspondence with SNH suggests that water quality on the River Dee is generally well within standards for qualifying interests. In addition to this, new waste water infrastructure such as waste water treatment works will require appropriate assessment where discharges could affect the qualifying interests of a Natura site. There could be an impact on Natura sites through increased recreation as a result of population growth, this has been considered through the screening of proposals at a local level. All proposals within 5km of a Natura site have been considered as to the likelihood of an effect

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from increased recreational use of Natura sites which are utilised for this purpose. The wider recreational impact has been raised as a potential issue by SNH for national or regional attractions. It is acknowledged that population growth outside this 5km initial area could have a potential effect especially on sites which are regionally or nationally important such as National Nature Reserves (NNR). National Nature Reserves and other key visitor attractions which are also Natura sites within the scope of the HRA are:

• Ythan Estuary, Sands of Forvie and Meikle loch (SPA,SAC,Ramsar). • Muir of Dinnet (SAC, SPA, Ramsar) • Glen Tanar (SAC, SPA) • Loch of Strathbeg (SPA, Ramsar, RSPB Reserve)

An increase in visitors of approximately 4% (closer to 6% cumulatively) has been forecast through the screening assessment. Whilst an increase in recreational use could in theory have an effect on the qualifying interests, sites are managed by SNH as a Nature Reserve or RSPB as a bird reserve. The management of the reserves, as directed by the site management plans acts as a key mitigation measure. With the management plan in place it is unlikely that the wider population growth promoted in the plan would lead to significant effect on the Natura sites and the qualifying interests. The wider recreational impact is discussed in more detail in the screening report 6. Safeguarding Policies and Mitigation The Proposed Plan contains policies which aim to protect against potential negative impacts that all proposals must be considered against in the event of a planning application. These policies will be implemented where applicable on a proposal by proposal basis. The appropriate assessment will consider the strength of the safeguarding measures implemented within the plan and if further mitigation is required. Further mitigation may be required for some elements of the supplementary guidance and proposals. The safeguarding policies and supplementary guidance are described below: Policy 11: Natural Heritage

The policy provides a general statement that Aberdeenshire Council will enhance and protect designated nature conservation sites. Where there is uncertainty the precautionary principle will apply. It also states the council will consider cumulative impacts on natural heritage interests and only accept harm to these interests where there is overriding public interest.

SG Natural Heritage 1: Protection of Nature Conservation

This policy will not approve new development where it may have an adverse effect on International Designations (SPA, SAC, RAMSAR) unless an appropriate assessment has concluded that the development will not adversely affect the integrity of the site. The policy only allows development causing an adverse impact if there are imperative reasons of overriding national interest for permitting the development including, for priority habitats and species, reasons of a social or economic nature; AND if there are no alternative solutions; AND if it will be suitability mitigated.

SG Natural Heritage 2: Protection of wider biodiversity and geodiversity

The policy provides additional protection to European Protected Species and Habitats from development which would have an adverse impact. Developments with adverse impacts will not be permitted, even where there are imperative reasons of overriding public interest if the development has a detrimental impact on the maintenance of European Protected Species at a

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favourable conservation status, even if there is no alternative. Habitats are afforded a similar level of protection.

SG STRL 1: Development in the coastal zone

The policy provides additional protection to coastal areas, which includes coastal SPA, SAC and RAMSAR designations. It limits most development to settlements with a defined settlement boundary and any development requiring a coastal location will only be permitted where there social and economic benefits outweigh adverse environmental impact and there are no alternative sites. Any proposal must also demonstrate there is no adverse impact on water quality will not result in pollution to coastal waters or unreasonably impact on natural costal processes or habitats.

The use of Coastal protection works which will only be permitted where the implications of the works shows that there will be no significant adverse off-site impact on coastal processes or habitats, and that the development will not result in increased coastal erosion or flooding elsewhere on the coastline.

SG LSD 1: Masterplanning

This policy requires all proposals to prepare either a development framework, masterplan or design statement prior to the submission of a planning application. This provides an additional level of protection by requiring detailed consideration of site assessments.

SG LSD 2: Layout, siting and design of new development

This policy requires all proposals to meet a rage of criteria encompassing design issues, energy efficiency, functionality and creation of identify. The relevant criteria is the requirement for all developments to consider the use of water saving technologies.

SG LSD 5: Public Open Space

Although development of some open spaces could theoretically have a detrimental impact on Natura designations, the provision of an appropriate open space hierarchy integrated with new developments can help mitigate against the increased recreational use of Natura sites.

SG LSD 8: Flooding and Erosion

The policy sets the presumption against development where there is a risk of flooding or is at risk of erosion. The policy sets out requirements for applicants to demonstrate that there is no medium or high risk of flooding. Only development which is for flood prevention or erosion measures, is consistent with flood storage function of flood plains or is essential infrastructure that is inappropriate elsewhere will be permitted.

The policy also sets out design criteria for land at risk of flooding. This includes the need to prevent the impediment of flood plains to store water or flood naturally or result in an increase in risk or severity of flooding storage capacity or the pattern of flow of waters. It also requires the avoidance of culverting or impediment of amphibians and fish and to provide buffer strips to any water body.

SG LSD 9: Hazardous Developments

The guidance safeguards against proposals which would create an unacceptable hazard to the environment either individually or cumulatively. This will help protect Natura designations from developments creating unacceptable levels of pollution or disturbance.

SG Safeguarding 1: Protection and conservation of the water environment

The policy will only approve development affecting water bodies if it demonstration there is no impact on the ability of water bodies to achieve good status.

SG Safeguarding 2: Protection and conservation of trees and woodlands

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The policy provides protection for trees and woodlands of ecological, historical, recreational or shelter value unless there is overriding public benefit. 7. Appropriate Assessment of Policies and Proposals likely to have a significant effect The policies and proposals screened in have been assessed against the relevant Natura sites. The majority of polices and proposals have been shown not to have a significant effect on identified Natura sites. The safeguarding policies, and in particular Policy 11 ‘ Natural Heritage’ are sufficient to protect the qualifying interests at the time of the proposal coming forward. The appropriate assessment can be found in detail at Appendix 1. A summary of the key results is provided in this section. The wind farms and large wind turbines supplementary guidance affects a large number of sites due to bird interests. A policy on areas of search for wind farms has already been removed due to concerns about impact on migrating birds. It is not possible to predict where proposals for wind farms will come forward and therefore an appropriate assessment will need to be completed at the time of an application. Safeguarding policies will not permit any European site to be adversely affected except in exceptional circumstances. Minerals supplementary guidance affects a number of sites as there are a number of areas of search and safeguarded areas for minerals identified near to Natura sites. The identification of the minerals areas underwent a screening process whereby any site directly affected by a nature conservation designation was not included. Further assessment should be carried out at the time of a development proposal coming forward. The supplementary guidance ‘protection of nature conservation sites’ will not permit any development where it would have an adverse effect on a nature conservation sites unless it has been demonstrated through an appropriate assessment that there will be no adverse effect. Development under the rural development policies can come forward in any location and as such it is difficult to assess the impact. However, the safeguarding policies are sufficient to mitigate against any potential impacts. The River Dee has a large number of policies and proposals screened against it. The River Dee is an extensive SAC, and therefore there are a large number of settlements along the river and its tributaries. Any proposals which will affect the Dee SAC will require careful consideration for run-off and pollution. Many proposals will require an appropriate assessment at the time of an application. The River Ythan also has a large number of policies and proposals screened against it. The nature of the designation means there are many settlements adjacent to the River. Part of the SAC is within a Strategic Growth Area and therefore there is a large volume of growth proposed in Ellon. This proposal will require careful assessment at the time of an application in order to conform with Policy 11. 8. Conclusion The mitigating factors (safeguarding policies) outlined in the report above are sufficient to ensure there will be no significant adverse effect on the Natura sites. In instances where there could be a significant impact, both the safeguarding policies and other identified mitigation will ensure no proposal can be approved which would adversely affect the site. Further assessments will be required for some development proposals at the stage of a planning application.

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9. Appendix 1

Appropriate Assessment

Qualifying Interests & Conservation Objectives

Buchan Ness to Collieston SAC, SPA Element of the plan scoped in:

Policies Proposals SG: Housing & Business Development in the Countryside

Boddam

SG: Minerals Cruden Bay

SG: Enabling Development Hatton

Longhaven

Peterhead Potential Development Issues

Safeguarding Qualifying Interest Conclusions

Qualifying Interests SAC: Vegetated sea cliffs of the Atlantic and Baltic coasts. SPA: Fulmar, Guillemot, Herring gull, Kittiwake, Shag, Seabird assemblage. Conservation Objectives SAC: To avoid deterioration of the qualifying habitats, thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and to ensure for the qualifying habitat that the following are maintained in the long term: • extent of the habitat on

site; • distribution of the habitat

within site; • structure and function of

the habitat; • processes supporting the

habitat; • distribution of typical

species of the habitat; • viability of typical species

as components of the habitat; and

• no significant disturbance

Policy Assessment Housing and Business Development and Enabling Development SG could potentially result in development (either housing or business) nearby to the site as they are permissive policies. However, it is very difficult to identify the location or scale of such proposals. Due to the nature of the site, and the habitat in question it is unlikely there will be much, if any development pressure on the site itself. The minerals SG is permissive of minerals development subject to a number of criteria, one of which is the site being within a safeguarded area. There are two identified safeguarded areas for granite to the west of the site at Boddam and Longhaven. These are areas of former quarrying activity but modern quarry practices mean there could be an increased impact on the site if the stone were to be quarried.

The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary principle will apply where

There may be potential impacts on the qualifying interests of the site, but these could be mitigated. Policy 11 Natural Heritage protects the qualifying interests of the site.

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the impact is uncertain. Any proposal affecting a Natura site will be required to carry out an appropriate assessment. Policy 4 Special types of rural land and its associated supplementary guidance protects the coastal zone, unless there are overriding social and economic benefits. Minerals SG requires a full assessment of the effects of development to be submitted, in addition to the requirements of Policy 11.

of typical species of the habitat.

SPA: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species

as a viable component of the site;

• distribution of the species within site;

• distribution and extent of habitats supporting the species;

• structure, function and supporting processes of habitats supporting the species; and

• no significant disturbance of the species.

Settlement/Proposal Assessment All the proposals in the area have been screened in due to the potential increase in recreational activity on the site. There are proposals for 1840 houses within an approximate 5km radius of the site. In relation to the existing population within the settlements, the proposed population increase is not excessive (8% increase in population).

The site has a core path adjacent to it which although could see increased usage, is not likely to have a significant effect on the site itself. Most of the site consists of rocky cliffs, of which there would be little impact except through activities such as rock climbing.

Further Mitigation Measures:

The mitigation measures identified in the plan are sufficient.

Overall Site Conclusion:

Although some of the proposals could potentially impact on the qualifying interests of the Buchan Ness to Collieston SPA, there are sufficient safeguarding measures in place to ensure the integrity of the Buchan Ness to Collieston SPA will not be adversely affected.


Hill of Towanreef SAC Element of the plan scoped in:

Policy Proposals SG: Minerals

SG: Access to new development (hill tracks)

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Potential Development Issues


Policy Assessment The minerals SG is permissive of minerals development subject to a number of criteria, one of which is the site being within an area of search. There is an area of search for minerals to the east of the site. Although this is downstream of the SAC, there could be an impact on the drainage of the site. The access to new development (hill tracks) SG is permissive of hill tracks subject to meeting a number of criteria, one of which is that detrimental impact on soil erosion and the environment is minimised.

SAC Qualifying Interests: Calaminarian grasslands of the Violetalia calaminariae. European dry heaths. Alpine and subalpine (boreal) heaths. Juniper on heaths or calcareous grasslands. Blanket bog (priority habitat). Marsh saxifrage. Conservation Objectives: To avoid deterioration of the qualifying habitat thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitat that the following are maintained in the long term: • Extent of the habitat on

site • Distribution of the habitat

within site • Structure and function of

the habitat • Processes supporting the

habitat Distribution of typical species of the habitat

• Viability of typical species as components of the habitat

• No significant disturbance of typical species of the habitat

Settlement/Proposal Assessment There are no proposals identified which would effect this site.

There are a number of general safeguarding policies: Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development also require to be considered and would only be permitted where there is overriding public interest. The precautionary principle will apply where the impact is uncertain. Quarrying is not likely to have a direct impact on the qualifying features of the site, although SG Rural Development 4 ‘Minerals’ will require sufficient information to be submitted with a planning application to allow a full assessment of the likely effects of development. Hill tracks SG requires minimisation of impact to the environment. Any proposal affecting a Natura site will be required


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to carry out an appropriate assessment.



Overall Site Conclusion: Although some of the proposals could potentially impact on the qualifying interests of the Hill of Towanreef SAC, there are sufficient safeguarding measures in place to ensure the integrity of the Hill of Towanreef SAC will not be adversely affected.


Red Moss of Netherley SAC Element of the plan scoped in

Policy Proposals Elsick



Policy Assessment There are no policies affecting this site.

SAC Qualifying Interests: Active raised bogs (priority habitat). Degraded raised bogs still capable of Natural regeneration. Conservation Objectives: To avoid deterioration of the qualifying habitat thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitat that the following are maintained in the long term: • Extent of the habitat on site • Distribution of the habitat within site • Structure and function of the habitat • Processes supporting the habitat Distribution of typical species of the habitat • Viability of typical species

Settlement/Proposal Assessment There is a proposal for a new settlement to the east of the site. The moss does not drain into the proposed site. The scale of development means that there could be an impact on air quality/air pollution. The AWPR is adjacent to the site and cumulatively there could be an impact. The moss is not suitable for recreation due to its boggy nature and therefore increased recreation is not likely to be an impact. The AWPR fastlink lies between the settlement and the moss so connections to the moss from the development will be limited.

The principle of development on the site will not have a significant effect on the moss. The proposal would require to meet policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of


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as components of the habitat • No significant disturbance of typical species of the habitat

development will also be considered and only permitted where there is overriding public interest. The precautionary principle will apply where the impact is uncertain. Under the masterplanning SG, a development framework and masterplans need to be prepared for the site which provides detailed consideration of the site, and further consultation.



Overall Site Conclusion: There are sufficient safeguarding measures in place to ensure the integrity of the Red of Netherley SAC will not be adversely affected.


River Dee SAC Element of the plan scoped in

Policy Proposals SG: Tourist facilities and accommodation Westhill

SG: Town centres and retailing Aboyne

SG: Retail development in the countryside Banchory

SG: Housing and business development in the countryside

Crathes

SG: Other renewable energy developments Finzean

SG: Development in the greenbelt Inchmarlo

SG: Infill development Kincardine O’Neil

SG: Flooding and erosion Logie Coldstone

SG: Access to new developments (hill tracks) Strachan

SG: Waste and waste water drainage infrastructure Tarland



SAC Qualifying Interests: Freshwater Pearl Mussel. Policy Assessment There are a number of There may be

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Atlantic Salmon. Otter. Conservation Objectives: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species, including range of genetic types for salmon, as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; • no significant disturbance of the species; • distribution and viability of freshwater pearl mussel host species; and • structure, function and supporting processes of habitats supporting freshwater pearl mussel host species.

The tourist facilities SG has been screened in due to the permissive nature of the policy and the popularity of tourism in this area. However it is very difficult to determine where exactly these proposals would come forward and what the scale of development would be. In addition, this policy has been taken forward relatively unchanged and previously there has been no adverse impact. Town Centres and retailing SG is screened in as Aboyne and Banchory have town centres designated close to the SAC. Retail and commercial uses are permitted, in principle, by this policy. The policy is not site specific but the boundaries are located in close proximity to the River Dee. Retail development in the countryside SG is a permissive policy allowing retail development in association with tourist attractions. The Dee is a popular tourist destination and as such this policy could impact on the SAC. It is not possible to identify where proposals would come forward. Housing and Business Development in the Countryside SG is a permissive policy which could potentially result in development nearby to the Dee SAC. However, it is very difficult to identify the location or scale of such proposals. Other renewable energy developments SG is permissive of developments such as micro hydro, which could impact on the flows and fluvial geomorphology of the Dee and its tributaries. Greenbelt SG is a restrictive policy but does allow certain

general safeguarding policies: Policy 11 Natural Heritage and its associated supplementary guidance applies to all proposals and will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary principle will also apply where the impact is uncertain. Any proposal affecting the River Dee SAC would require to carry out an appropriate assessment. Policy 14 Safeguarding of Resources protects all of Aberdeenshire’s key strategic resources such as water environment and woodlands. Protection and conservation of the water environment SG will protect water bodies and therefore is particularly relevant for the River Dee SAC.

potential impacts on the qualifying interests of the site, but these could be mitigated. Policy 11 Natural Heritage protects the qualifying interests of the site.

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type of development within the greenbelt. Agriculture, recreation, conversion of a vernacular building, or a development of national priority would be permitted, in principle. There are areas of greenbelt adjacent to the Dee SAC. Infill SG applies within all the settlements along the Dee. The policy is not site specific so the location of proposals is not known, but cumulatively proposals permitted through this policy could result in an impact. Flooding SG has been screened in due to the provision to allow for mitigation measures for development on land at risk of flooding. The access to new development (hill tracks) SG is permissive of hill tracks subject to meeting a number of criteria. The policy could potentially result in hill tracks being permitted adjacent to tributaries of the River Dee. Waste and waste water supplementary guidance has been screened in due to the potential for impact on the water quality through connection to WWTW or through private drainage, and in particular the potential for cumulative impacts.

The SG which have been screened in also contain protective criteria within them: The tourism SG does require that the proposal would not damage the interests being exploited, and the proposal would respect the environment. Town centres and retailing and infill SG are two policies which are limited to towns but not site specific within towns. The proposals would need to comply with Policy 11. There is limited opportunity for infill within settlements. Retail development in the countryside and housing and business development in the countryside SG could cause an impact as there is likely to be a high demand in the area surrounding the Dee. The safeguarding policies will apply to any proposal and will be sufficient to safeguard against any adverse impact. Other renewable energy SG could result in a number of micro hydro schemes on tributaries of the Dee. The safeguarding policies will not permit proposals which would impact on the SAC, in particular the Water Environment SG will safeguarding water body. The cumulative impacts require to be considered through policy 11. The greenbelt SG is not likely to allow significant development in the

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greenbelt. Proposals which do come forward under this SG will conform to the safeguarding policies. The advice of SEPA will be sought in relation to development on land at risk from flooding, and a FRA can be requested. Hill tracks SG requires minimisation of impact to the environment. Waste and waste water infrastructure requires SuDS. In addition waste water is regulated by SEPA who would advise if proposals meet requirements.

Settlement/Proposal Assessment All the proposals in settlements adjacent to the River Dee or its tributaries have been screened in due to the potential for increased sedimentation and diffuse pollution. There is also potential for an increase in sewage resulting in greater nutrient levels in the river. Proposals in Aboyne, Banchory, and Kincardine O’Neil could potentially result in disturbance to the SAC through increased recreation. Westhill lies within the catchment of the River Dee. 200 houses are proposed in the settlement. Aboyne sits relatively close to the River Dee. 175 houses are proposed in the settlement. Proposal M1 in Banchory is located relatively close to the Dee. 30 houses are proposed in M1. In Banchory as a whole 245 houses are proposed.

The development proposed across Aberdeenshire largely requires water to be abstracted from the River Dee. Water abstraction from the River Dee is being dealt with at a strategic level and a position paper has confirmed that there is no constraint to abstraction of water from the River Dee to serve the level of housing proposed. Water saving technology being applied to development is likely to come forward through Building Standards. The situation will be monitored. Regarding the recreational impact of development, it is not possible to predict the impact of proposed development. Due to the nature of the qualifying interests it is unlikely recreation will affect these, although there is

There is potential for an impact on the River Dee, however the safeguarding policies will deal with this issue on a case by case basis and will not permit any development which would adversely affect the qualifying interests of the Dee SAC.

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Proposed sites in Crathes are close to the River. There are 45 houses carried forward from the previous plan, no new housing is proposed in Crathes. Finzean lies close to the Water of Feugh, a tributary of the Dee. 10 houses are proposed in Finzean. Inchmarlo lies close to the River Dee. 60 houses are proposed in Inchmarlo. Kincardine O’Neil lies relatively close to the River Dee. 8 houses are proposed in Kincardine O’Neil. Logie Coldstone is located approximately 3km north of the River Dee. 25 houses are proposed in the settlement. There is currently no capacity in the septic tank. Strachan is located on the Water of Feugh, a tributary of the Dee. 15 houses are proposed in Strachan. Tarland is situated on the Tarland Burn, a tributary of the River Dee. There are 60 houses proposed at Tarland.

potential for disturbance to the otter. The recreational usage of the River Dee extends far beyond the adjacent settlements. Proposals will need to consider the recreational impact at the planning application stage. Proposals will need to conform to Waste Water SG which requires the use of SuDS. The other safeguarding policies will also apply and ensure no adverse impact on the SAC. Under the masterplanning SG, development frameworks and masterplans need to be prepared for the sites providing detailed consideration of site assessments. This is highlighted in the Action Programme. The Settlement Statements for Aboyne, Banchory, Crathes, Inchmarlo and Kincardine O’Neil highlight the need for a construction method statement to take account of the potential for impacts to the qualifying interests of the River Dee SAC. All development proposals likely to have a significant effect on the River Dee SAC will require an appropriate assessment.




Although some of the proposed developments could potentially impact on the qualifying interests of the River Dee SAC, there are sufficient safeguarding measures in place to ensure the integrity of the River Dee SAC and its qualifying interests will not be adversely affected.

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Sands of Forvie SAC Element of the plan scoped in

Policy Proposals SG: Tourist facilities and accommodation Ellon

Newburgh Potential Development Issues


SAC Qualifying Interests: Embryonic shifting dunes. Shifting dunes along the shoreline with Ammophila arenaria (`white dunes`) or marram. Decalcified fixed dunes with Empetrum nigrum (priority feature) (also known as Lime-deficient dune heathland with crowberry). Humid dune slacks. Conservation Objectives: To avoid deterioration of the qualifying habitats, thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and to ensure for the qualifying habitats that the following are maintained in the long term: • extent of the habitat on site; • distribution of the habitat within site; • structure and function of the habitat; • processes supporting the habitat; • distribution of typical species of the habitat; • viability of typical species as components of the habitat; and • no significant disturbance of typical species of the

Policy Assessment The tourist facilities supplementary guidance has been screened in due to the permissive nature of the policy and the popularity of tourism in this area. However it is very difficult to determine where exactly these proposals would come forward and what the scale of development would be. In addition, this policy has been taken forward relatively unchanged and there has been no previous adverse impact.

The tourism supplementary guidance itself does require that the proposal would not damage the interests being exploited, and the proposal would respect the environment. In addition, policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary

The safeguarding policies are sufficient to protect the qualifying interests of the Sands of Forvie SAC.

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principle will apply where the impact is uncertain.

habitat.

Settlement/Proposal Assessment All the proposals in Ellon and Newburgh have been scoped in due to the potential for recreational impact on the SAC. 1085 houses are proposed over the two settlements.

In proportion to the existing population of Ellon and Newburgh, the scale of the proposals represents an increase of approximately 10%. The impact of all the development proposed across the city and shire has been considered under cumulative impacts. The site is currently managed by SNH for visitors.



Overall Site Conclusion: There are sufficient safeguarding measures in place to ensure the integrity of the Sands of Forvie SAC will not be adversely affected.


Loch of Skene Ramsar, SPA Element of the plan scoped in

Policy Proposals SG: Wind farms and large wind turbines Westhill

SG: Other renewable energy developments

SG: Flooding and erosion

SG: Waste and waste water drainage infrastructure Potential Development Issues


Qualifying Interests SPA: Graylag goose, Whooper swan Ramsar: Greylag goose Pink-footed goose may be considered as a qualifying species in the future. Conservation Objectives SPA: To avoid deterioration of the habitats of the qualifying species or significant disturbance to

Policy Assessment The wind farms SG has been screened in due to the potential impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict. Other renewable energy developments SG has been screened in due to the potential for hydro schemes to impact on water based

The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests,

There may be potential impacts on the qualifying interests of the site, but these could be mitigated. The safeguarding policies protect the qualifying interests of the site.

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designations. Flooding SG has been screened in due to the provision of mitigation measures for development on land at risk of flooding. Waste and waste water SG has been screened in due to the potential for impacts from connecting to WWTW or the use of private drainage, and in particular the potential for cumulative impacts.

there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. Protection of the water environment SG environment will not permit development where it would have an adverse impact on water bodies. This SG also requires a technical report to justify the proposal. The wind farms SG requires consideration of the cumulative impact of wind turbines. Individual wind farm applications will require to carry out an appropriate assessment Other renewable energy developments SG does not specifically require the consideration of cumulative impacts but policy 11 does. The advice of SEPA will be sought in relation to development on land at risk from flooding, and a FRA can be requested. Waste and waste water infrastructure is regulated by SEPA who would advise if proposals meet requirements.

the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; and • no significant disturbance of the species. Ramsar: To promote the conservation of the wetland so as to avoid deterioration of the wetland habitat of Ramsar interest and significant disturbance of associated species. To ensure for the wetland habitat of Ramsar interest that the following are maintained in the long term:

• Extent of habitat on site. • Distribution of habitat on site. • Structure and function of habitat on site. • Processes supporting the habitat. • Population of typical and important species as a viable component of the site. • Distribution of typical and important species of the habitat. • Viability of typical and important species as components of the habitat. • No significant disturbance of typical and important species of the habitat

Settlement/Proposal Assessment

Sewage from Westhill goes to Nigg PFI and

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Proposals in Westhill have been screened in due to the potential for impact on water quality in Loch of Skene. 200 houses have been proposed.. The proposals do not propose a significant increase in population (approximately 5%). There are potential issues with diffuse pollution during construction and enrichment from sewage discharge.

therefore should not impact on Loch Of Skene through sewage discharge. Under the masterplanning SG, and the layout siting and design SG, masterplans and design statements need to be prepared for the sites which will involve detailed consideration of the site, and further consultation.




Although some of the proposed developments could potentially impact on the qualifying interests of the Loch of Skene SPA/Ramsar, there are sufficient safeguarding measures in place to ensure the integrity of the Loch Skene SPA/Ramsar and its qualifying interests will not be adversely affected.

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Loch of Strathbeg SPA, Ramsar Element of the plan scoped in

Policy Proposals SG: Housing and business development in the countryside

Crimond

SG: Wind farms and large wind turbines

SG: Minerals


SG: Waste and waste water drainage infrastructure

SG: Enabling development Potential Development Issues


Qualifying Interests SPA: Whooper Swan, Teal, Greylag Goose, Pink-footed Goose, Barnacle Goose, Waterfowl assemblage, Sandwich Tern, RAMSAR: Eutrophic loch. Whooper Swan, Pink-footed Goose, Graylag Goose, Waterfowl assemblage. Barnacle Goose may be considered as a qualifying species in the future. Conservation Objectives

SPA: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of

Policy Assessment Housing in the countryside and enabling development SG are both permissive policies and could resulting housing or business development near the site. However, it is very difficult to identify the location or scale of such proposals. The wind farms SG has been screened in as it is also a permissive policy and wind farms could potentially impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict. The minerals SG is permissive of minerals development subject to a number of criteria, one of which is the site being within an area of search. There is one area of search for minerals (Newmill West), located about 5km west of the site. There is a chance that minerals development could affect the drainage of the loch but given the distance involved there is significant opportunity for mitigation. Flooding SG has been screened in due to the

The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest.


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provision of mitigation measures for development on land at risk of flooding. Waste and waste water SG has been screened in due to the potential for impact on the water quality through connection to WWTW or through private drainage, and in particular the potential for cumulative impacts.

The precautionary principle will apply where the impact is uncertain. Policy 4 Special types of rural land and its associated supplementary guidance protects the coastal zone, unless there are overriding social and economic benefits. Loch of Strathbeg is located in the coastal zone. The areas of search for minerals is approximately 5km to the west of the SPA. SG Rural Development 4 ‘Minerals’ will require sufficient information to be submitted with a planning application to allow a full assessment of the likely effects of development. The safeguarding policies under policy 11 Natural Heritage, would require mitigation of any potential adverse impact. In addition to policy 11 outlined above, the wind farms SG requires consideration of the cumulative impact of wind turbines. Individual wind farm applications will require to carry out an appropriate assessment. The advice of SEPA will be sought in relation to development on land at risk from flooding, and a FRA can be requested. Waste and waste water infrastructure is regulated by SEPA who would advise if proposals meet requirements.

habitats supporting the species; and • no significant disturbance of the species. Ramsar: To promote the conservation of the wetland so as to avoid deterioration of the wetland habitat of Ramsar interest and significant disturbance of associated species. To ensure for the wetland habitat of Ramsar interest that the following are maintained in the long term:


Settlement/Proposal Assessment

There is sufficient capacity at the WWTW.

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Proposals from Crimond have been screened in as they are upstream of Loch of Strathbeg and there is potential for run off and waste water to effect the site. There are 90 houses proposed in Crimond. It is unlikely that there would be a recreational impact from the proposed development which is relatively small scale.

The waste water SG is considered above, and likewise development proposals would require to adhere to policy 11 Natural Heritage. The masterplanning SG requires a masterplan to be prepared for the site resulting in detailed consideration of the site, and further consultation. The loch is run by RSPB who manage the reserve and encourage visitors to the site.




Although some of the proposed developments could potentially impact on the qualifying interests of the Loch of Strathbeg SPA/Ramsar, there are sufficient safeguarding measures in place to ensure the integrity of the Loch Strathbeg SPA/Ramsar and its qualifying interests will not be adversely affected.


Tips of Corsemaul and Tom Mor SPA Element of the plan scoped in

Policy Proposals SG: Wind farms and large wind turbines



Policy Assessment Wind farm SG has been screened in due to the potential impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict.

SPA Qualifying Interests: Common gull Conservation Objectives: To avoid deterioration of the qualifying habitats, thus ensuring that the integrity of the site is maintained and to ensure for the qualifying species that the following are maintained in the long term: • extent of the habitat on site; • distribution of the habitat within site; • structure and function of the habitat; Settlement/Proposal

Assessment

Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected

The safeguarding policies protect the qualifying interests of the site.

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• processes supporting the habitat; • distribution of typical species of the habitat; • viability of typical species as components of the habitat; and • no significant disturbance of typical species of the habitat.

There are no proposals identified which would effect this site.

Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary principle will apply where the impact is uncertain. Individual wind farm applications will require to carry out an appropriate assessment.



Overall Site Conclusion: Due to the requirements on individual wind farm proposals and the policies in place to safeguard Natura sites, there will be no adverse impact on the qualifying interests of the Tips of Corsemaul and Tom Mor SPA.


Troup, Pennan, and Lion’s Head SPA Element of the plan scoped in

Policy Proposals SG: Housing and business development in the countryside

SG: Minerals

SG: Enabling Development Potential Development Issues


SPA Qualifying Interests: Fulmar, Guillemot, Herring gull, Kittiwake, Razorbill, Breeding seabird assemblage. Conservation Objectives: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus

Policy Assessment Housing and Business Development and Enabling Development SG could potentially result in development nearby to the site as they are permissive policies. However, it is very difficult to identify the location or scale of such proposals. Due to the nature of the site,

The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an

There may be potential impacts on the qualifying interests of the site, but these could be mitigated. The safeguarding policies protect the

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and the habitat in question it is unlikely there will be much, if any development pressure on the site itself. The minerals SG is permissive of minerals development subject to a number of criteria, one of which is the site being within an area of search. There is an area of search identified approximately 200m to the south of the SPA. This is relatively close to the SPA and quarrying activity could impact on the qualifying interests. There are an additional two areas of search approximately 1km from the SPA.

ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; and • no significant disturbance of the species.


international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary principle will apply where the impact is uncertain. Policy 4 Special types of rural land and its associated supplementary guidance protects the coastal zone, unless there are overriding social and economic benefits. Minerals SG requires a full assessment of the effects of development to be submitted, in addition to the requirements of Policy 11.

qualifying interests of the site.



Overall Site Conclusion: Due to the requirements on individual minerals proposals and the policies in place to safeguard Natura sites, there will be no adverse affect on the qualifying interests of the Troup, Pennan and Lion’s Head SPA.


Ythan Estuary, Sands of Forvie and Meikle Loch SPA, Ramsar Element of the plan scoped in

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Policy Proposals SG: Tourist facilities and accommodation Auchnagatt

SG: Town centres and retailing Ellon

SG: Retail development in the countryside Foveran

SG: Wind farms and large wind turbines Methlick

SG: Other renewable energy developments Newburgh

SG: Minerals Tarves

SG: Infill development Udny Green

SG: Flooding and erosion Udny Station

SG: Waste and waste water drainage infrastructure Westfield, Foveran

Ythanbank Potential Development Issues


Qualifying Interests SPA: Common tern, Eider, Lapwing, Little tern, Pink-footed goose, Redshank, Sandwich tern, Waterfowl assemblage

Ramsar: Sandwich tern. Pink-footed goose. Waterfowl assemblage. Conservation Objectives: SPA: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; and • no significant disturbance of the species. Ramsar:

Policy Assessment The tourist facilities SG has been screened in due to the permissive nature of the policy and the popularity of tourism in this area. However, it is very difficult to determine where exactly these proposals would come forward and what the scale of development would be. In addition, this policy has been taken forward relatively unchanged and previously there has been no adverse impact. Town Centres and retailing SG is screened in as Ellon has a town centre designated close to the River Ythan. Retail and commercial uses are permitted, in principle, by this policy. The policy is not site specific but the boundaries are located in close proximity to the Ythan. Retail development in the countryside SG is a permissive policy allowing retail development in association with tourist attractions. This area is a popular tourist destination and as such this policy could impact on the SPA and Ramsar. It is not possible to identify where proposals

There are a number of general safeguarding policies: Policy 11 Natural Heritage and its associated supplementary guidance applies to all proposals and will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. Any proposal affecting a Natura site will be required to carry out an appropriate assessment.


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To promote the conservation of the wetland so as to avoid deterioration of the wetland habitat of Ramsar interest and significant disturbance of associated species. To ensure for the wetland habitat of Ramsar interest that the following are maintained in the long term:


would come forward. Wind farm supplementary guidance has been screened in due to the potential impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict. Other renewable energy developments SG is permissive of developments such as micro hydro, which could impact on the flows and fluvial geomorphology of the River Ythan and its tributaries. The minerals SG is permissive of minerals development subject to a number of criteria, one of which is the site being within an area of search. There are three areas of search for minerals on or adjacent to tributaries of the River Ythan at Hill of Logie and Ythanbank (no’s 40, 41, 45, 46). Infill SG applies within all the settlements along the Ythan and its tributaries. The policy is not site specific so the location of proposals is not known, but cumulatively proposals permitted through this policy could result in an impact. Flooding SG has been screened in due to the provision to allow for mitigation measures for development on land at risk of flooding. Waste and waste water supplementary guidance has been screened in due to the potential for impact on the water quality through connection to WWTW or through private drainage, and in particular the potential for cumulative impacts.

Policy 24 protects all of Aberdeenshire’s key strategic resources such as water environment and woodlands. Protection and conservation of the water environment SG will protect water bodies and therefore is particularly relevant for the Ythan Estuary SPA and Ramsar. The SG which have been screened in also contain protective criteria within them: The tourism SG does require that the proposal would not damage the interests being exploited, and the proposal would respect the environment. Retail development in the countryside and housing and business development in the countryside SG could cause an impact as there is likely to be a high demand in the area surrounding the Ythan. The safeguarding policies will apply to any proposal and will be sufficient to safeguard against any adverse impact. Other renewable energy SG could result in a number of micro hydro schemes on tributaries of the Ythan. The safeguarding policies will not permit proposals which would impact on the SAC, and the cumulative impacts require to be considered. The areas of search for minerals are located on or adjacent to tributaries of the Ythan. There is sufficient opportunity for mitigation measures to be applied, and an appropriate assessment is likely to be required at the time of a planning application.

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Infill development would require to conform to safeguarding policies. However, there is limited potential for infill development. The advice of SEPA will be sought in relation to development on land at risk from flooding, and a FRA can be requested. Hill tracks SG requires minimisation of impact to the environment. Water and waste water SG would ensure no adverse impact on the water environment and waste water infrastructure is regulated by SEPA.

Settlement/Proposal Assessment Auchnagatt, Ellon, Foveran, Methlick, Newburgh, Tarves, Udny Green, Udny Station, Westfield and Ythan Bank have been screened in due to the potential for impacting on the water quality of the Ythan, through increased sedimentation and enrichment from sewage discharge. There are two proposals in Newburgh, M1 to the south west and H1 west of the settlement. These are not likely to have a direct effect on the Ythan as they are of a sufficient distance from the SPA to allow mitigation measures to be put in place. Neither site lies on a watercourse, although site H1 does lie adjacent to a field drain. The sewage from this development will be treated at Balmedie. The Ythan Estuary is unlikely to be affected by recreational impact. Most of the recreational impact will affect the Sands of Forvie (see

Regarding the recreational impact of development, it is not possible to predict the impact of proposed development. In addition, the recreational usage of the Ythan Estuary, Meikle Loch and the Sand of Forvie extends far beyond the adjacent settlements. Proposals will need to consider the recreational impact at the planning application stage. The proposed development cumulatively could result in increased sediment and run-off. Proposals will need to conform to Waste Water SG which requires the use of SuDS. SG Safeguarding 1 ‘Protection and conservation of the water environment’ will ensure protection of the water environment, including the need for buffer strips adjacent to water bodies. The other safeguarding policies will also apply and

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above). 41 houses are proposed at Auchngatt which lies on the Ebrie Burn, a tributary of the Ythan. 985 houses are proposed in Ellon which lies adjacent to the River Ythan. 50 houses are proposed in Foveran lies on the Foveran Burn, a tributary of the River Ythan. 20 houses are proposed in Methlick adjacent to the River Ythan. 100 houses are proposed in Newburgh adjacent to the Foveran Burn. 110 houses are proposed in Tarves which lies adjacent to the Yowlie Burn, a tributary of the River Ythan. Udny Green sits near the Bronie Burn. 30 houses are proposed in the settlement. 35 houses are proposed in Udny Station. The settlement is located upstream of the Tarty Burn, a tributary of the River Ythan. Employment uses are proposed at Westfield, which drains into the Ythan cathcment. Ythanbank is located near to the River Ythan. 10 houses are proposed in the settlement.

ensure no adverse impact on the SPA and Ramsar. The masterplanning SG will require masterplans to be prepared for the sites resulting in detailed consideration of the site, and further consultation. The Settlement Statement for Newburgh will highlight the need for a construction method statement for both site M1 and site H1 to take account of the potential for impacts to the qualifying interests of the Ythan Estuary. In the long term a new WWTW in the area will be required. This would require an appropriate assessment at the time of the detailed proposal.




Although some of the proposed developments could potentially impact on the qualifying interests of the Ythan Estuary, Sands of Forvie and Meikle Loch SPA/Ramsar there are sufficient safeguarding measures in place to ensure the integrity of the Ythan Estuary, Sands of Forvie and Meikle Loch SPA/Ramsar and its qualifying interests will not be adversely affected.

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Glen Tanar SPA only Element of the plan scoped in

Policy Proposals SG: Wind farms and large wind turbines Potential Development Issues


Policy Assessment Wind farms SG has been screened in due to the potential impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict. However, the location and scale of wind farm developments is difficult to predict.

SPA Qualifying Interests: Capercaille, Scottish Crossbill, Osprey, Hen Harrier. Conservation Objectives: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; and • no significant disturbance of the species.


The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary principle will apply where the impact is uncertain. Any proposal affecting a Natura site will be required to carry out an appropriate assessment.

It is not possible to predict where an application will come forward but the safeguarding measures within the plan will protect the qualifying interests of the site.



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Although some of the proposed developments could potentially impact on the qualifying interests of the Glen Tanar SPA, there are sufficient safeguarding measures in place to ensure the integrity of the Glen Tanar SPA and its qualifying interests will not be adversely affected.


Muir of Dinnet SAC, SPA, Ramsar Element of the plan scoped in

Policy Proposals SG: Wind farms and large wind turbines Logie

Coldstone

SG: Other renewable energy developments


SG: Waste and waste water drainage infrastructure Potential Development Issues


Qualifying Interests: Ramsar Eutrophic loch SPA Whooper Swan, Teal, Greylag Goose, Pinkfooted Goose, Barnacle Goose, Waterfowl assemblage, Sandwich Tern. SAC Clear water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels. Degraded raised bogs. Dry heaths. Very wet mires often identified by an unstable ‘quaking’ surface. Otter. Conservation Objectives: Ramsar To avoid deterioration of the qualifying habitat (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and to ensure for the qualifying habitat that the following are maintained in the long term: • Extent of the habitat on site

Policy Assessment The wind farms SG has been screened in due to the potential impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict. Other renewable energy developments SG has been screened in due to the potential for hydro schemes to impact on water based designations. Flooding SG has been screened in due to the provision of mitigation measures for development on land at risk of flooding. Waste and waste water SG has been screened in due to the potential for impacts from connecting to WWTW or the use of private drainage, and in particular the potential for cumulative impacts. The only development proposed in the area is through the rural housing policy where brownfield development is permitted.

The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary

There may be potential impacts on the qualifying interests of the site, but these could be mitigated. The safeguarding policies within the plan will protect the qualifying interests.

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• Distribution of the habitat within site • Structure and function of the habitat • Processes supporting the habitat • Distribution of typical species of the habitat • Viability of typical species as components of the habitat • No significant disturbance of typical species of the habitat SPA To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site; • distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; and • no significant disturbance of the species. SAC To avoid deterioration of the qualifying habitat (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitat that the following are maintained in the long term: • Extent of the habitat on site • Distribution of the habitat within site • Structure and function of

Settlement/Proposal Assessment Logie Coldstone is located adjacent to the Logie Burn, part of the Dee SAC. 25 houses are proposed in the settlement.

principle will apply where the impact is uncertain. The wind farms SG requires consideration of the cumulative impact of wind turbines. Other renewable energy developments SG does not specifically require the consideration of cumulative impacts but policy 11 does. The advice of SEPA will be sought in relation to development on land at risk from flooding, and a FRA can be requested. SG Safeguarding 14.1 Protection of the water environment will not permit development where if would have an adverse impact on water bodies. The SG also requires a technical report Water and waste water SG would ensure no adverse impact on the water environment and waste water infrastructure is regulated by SEPA. The proposed development in Logie Coldstone is approximately 70m from the watercourse (Logie Burn) providing opportunity for mitigation. Any proposal affecting a Natura site will be required to carry out an appropriate assessment.

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the habitat • Processes supporting the habitat • Distribution of typical species of the habitat • Viability of typical species as components of the habitat • No significant disturbance of typical species of the habitat




Although some of the proposed developments could potentially impact on the qualifying interests of the Muir of Dinnet SAC/SPA/Ramsar, there are sufficient safeguarding measures in place to ensure the integrity of the Muir of Dinnet SAC/SPA/Ramsar and its qualifying interests will not be adversely affected.


Montrose Basin SPA Ramsar Element of the plan scoped in

Policy Proposals SG: Wind farms and large wind turbines



Policy Assessment The wind farms SG has been screened in due to the potential impact on qualifying bird interests. However, the location and scale of wind farm developments is difficult to predict.

Qualifying Interests SPA: Greylag goose, Pink-footed goose, Waterfowl Assemblage Ramsar: Greylag goose, Mudflat, Pink-footed goose, Redshank, Waterfowl assemblage. Conservation Objectives SPA: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and to ensure for the qualifying species that the following are maintained in the long term: • population of the species as a viable component of the site;

Settlement/Proposal Assessment There are no proposals identified which would effect

The plan includes safeguarding policies which applications for development will have to adhere to. Policy 11 Natural Heritage and its associated supplementary guidance will only permit development where there is no adverse impact on an international, national or other nature conservation site, unless there are overriding public interests, there is no alterative site and there are suitable mitigation measures. Development proposals which would have an adverse impact on European Protected Species or a species protected by law will only

It is not possible to predict where an application for wind turbines will come forward but the safeguarding measures within the plan are sufficient to protect the qualifying interests.

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• distribution of the species within site; • distribution and extent of habitats supporting the species; • structure, function and supporting processes of habitats supporting the species; and • no significant disturbance of the species. Ramsar: To avoid deterioration of the qualifying habitat (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitat that the following are maintained in the long term: • Extent of the habitat on site • Distribution of the habitat within site • Structure and function of the habitat • Processes supporting the habitat • Distribution of typical species of the habitat • Viability of typical species as components of the habitat • No significant disturbance of typical species of the habitat

this site. be approved if there are overriding reasons of public benefit, there is no alternative and any impact will be suitably mitigated. The cumulative impacts of development will also be considered and only permitted where there is overriding public interest. The precautionary principle will apply where the impact is uncertain. Any proposal affecting a Natura site will be required to carry out an appropriate assessment.




Although some of the proposed developments could potentially impact on the qualifying interests of the Montrose Basin SPA/Ramsar, there are sufficient safeguarding measures in place to ensure the integrity of the Montrose Basin SPA/Ramsar and its qualifying interests will not be adversely affected.

Documents

Proposed Plan Habitats Regulation Appraisal Record