SEA Environmental Report Cover Note

Contents

• Non-technical summary
• Introduction
• SEA activities to date
• Supplementary Guidance Natural Environment and its context
• Relationship with other Plans, Programmes and Strategies and their environmental protection objectives
• Relevant aspects of the current state of the environment
• Environmental problems
• Likely evolution of the environment without Supplementary Guidance Natural Environment
• SEA objectives
• Assessment of environmental effects and measures envisaged for mitigation of significant adverse effects
• Assessment Summary
• Mitigation measures
• Monitoring
• Next steps
• Proposed consultation timescales

Non-technical summary

Supplementary Guidance Natural Environment comprises the following six sections, along with a suite of Appendices.

• Section 1 Introduction
• Section 2 Natural Environment Considerations
• Section 3 Site Appraisal and Ecological Surveys
• Section 4 Good Design, Mitigation and Enhancement
• Section 5 Assessment of Planning Applications Affecting Natural Heritage Interests
• Section 6 Species Licensing Arrangements
• Appendix A How and When to Consult SNH
• Appendix B How and When to Consult SEPA
• Appendix C Initial Site Audit Checklist
• Appendix D List of Relevant Legislation

The Supplementary Guidance also includes Annex 1 Local Nature Conservation Sites which contains a site statement for each LNCS and has been updated to take account of the boundary review that was undertaken between 2013 and 2016.

In November 2012, the Development and Infrastructure Committee of Orkney Islands Council had formally requested the Executive Director of Development and Infrastructure to complete a review of the Local Nature Conservation Site designation in light of the issues and comments that had been raised about this designation through the consultation of the Proposed Plan 2011, Modified Proposed Plan 2012 and the Natural Heritage Supplementary Guidance 2012.

It was considered that there had previously been insufficient contact with landowners in relation to the LNCS designation and its role in the Local Development Plan; also a number of landowners had queried the inclusion of agriculturally productive areas of land within certain sites.

Discussions were held with members of the group which had previously undertaken a wider review of the LNCS between 2008 and 2010, as well as the president of the local branch of National Farmers Union Scotland (NFUS), in order to agree a procedure and timescale for the boundary review. A programme of site visits was then undertaken by two members of the Development and Marine Planning team, the findings of which resulted in recommendations for boundary changes to a number of sites.

Summary of the assessment of Supplementary Guidance Natural Environment

Climatic factors

Effects are likely to be broadly neutral, with potential for moderate localised benefit, for example where measures may be undertaken to restore and protect damaged peatland, in line with guidance included in the SG.

The SG highlights some of the key benefits provided to society by the natural environment, for example the protection against coastal erosion and flood risk that is afforded by habitats such coastal sand dunes and geomorphological features such as shingle ayres. Similarly, it emphasises the role played by peat and soils in storing carbon, regulating water storage and removing pollutants from water. The inclusion of this information in the SG will help raise awareness of these benefits and should ensure that, where there is potential for development proposals to impact on habitats and features that provide ecosystem services such as these, appropriate mitigative or enhancement measures are put in place.

Effects on environmental features and processes are important considerations when planning renewable energy developments, and implementation of the SG may lead to changes to the siting, scale and design of certain onshore wind energy proposals.

Changes recommended to the Local Nature Conservation Site boundaries are unlikely to impact upon climatic factors such as carbon sequestration or flood mitigation.

Biodiversity

Effects are likely to be broadly neutral, with potential for moderate localised benefit, for example where biodiversity enhancement projects are undertaken, in line with the guidance and suggestions included in the SG.

Throughout the document, information is provided on ways in which development can impact on the natural environment and biodiversity. For example Table 1 lists the range of protected species that can be found in Orkney and Table 2 highlights the vulnerability of these species to certain types of development. Emphasis is given to the importance of considering the effects of a development proposal on the natural environment at an early stage and providing the appropriate level of information to support a planning application.

There is potential for ecological surveys to be undertaken at inappropriate times of the year, resulting in the submission of poorly informed environmental reports to support planning applications. This issue has been addressed in the SG through the inclusion of an ecological survey calendar which outlines the appropriate timing of surveys and takes account of local variations in seasonality. Links are also provided to websites which provide more detailed guidance on survey methods.

The issue of invasive non-native species is addressed in section 2.8 where the potential for INNS to impact on the natural environment is explained, along with information on the legislative requirements and the responsibilities of developers to ensure that where INNS are found to be present on a site, they are dealt with appropriately and are not allowed to spread from the site. A link is provided to the Scottish Government’s Non-Native Species Code of Practice and guidance on how to manage INNS on development sites is also included.

Section 4 provides guidance and suggestions for biodiversity enhancement projects and a range of options for biodiversity are set out in table 6. These encourage the use of appropriate native species – again this will help avoid the introduction of non-native and potentially invasive species.

The LNCS boundary review resulted in the removal of 336.29 acres of semi-improved grassland from 43 sites, as well as a further 112.54 acres classified as improved grassland, arable land or tall ruderals. However due to the procedure followed when reviewing the LNCS, which includes checks to ensure no reduction to the overall scoring of individual sites, the removal of these areas is unlikely to lead to significant adverse effects on biodiversity, flora or fauna.

Water

Effects are likely to be broadly neutral, with potential for moderate localised benefit, for example where enhancement projects may be carried out in line with the guidance and suggestions included in Section 4 of the SG.

Section 2.6 sets out the Council’s duties in relation to the Water Framework Directive and the Water Environment and Water Services Act 2003, to protect, improve and promote the sustainable use of the water environment, as well as its purpose in ensuring that new development supports the delivery of River Basin Management Planning objectives.

The establishment of development-free buffer zones alongside waterbodies is promoted, as well as the need to ensure that private waste water treatment systems are appropriately sited and designed.

Some of the areas visited during the LNCS review were associated with small lochs and ponds and represented drier areas beyond the marshy margins, many of which are likely to be grazed on a seasonal basis. Others had no association with water bodies.

The removal of areas of semi-improved grassland from Local Nature Conservation Sites is unlikely to impact significantly upon the water environment.

Soil

Effects are likely to be broadly neutral.

Section 2.7 outlines a number of soil-related issues which can arise during the construction phase of developments and which can impact on waterbodies, public amenity and biodiversity. It explains that these issues may need to be addressed through either a method statement or the preparation of a Construction Environmental Management Plan (CEMP), dependent on the scale of the development.

Changes recommended to the Local Nature Conservation Sites as a result of the boundary review are unlikely to impact upon peat or soils. None of the areas recommended for removal are underlain by peat and the LNCS designation has no influence on how they are managed for agriculture.

Geology

Effects are likely to be broadly neutral.

The policy protection afforded to nationally or locally designated geodiversity sites or Geological Conservation Review sites is outlined in Sections 2.2 and 2.4. Section 2.5 addresses development which could affect the wider geodiversity. Section 5 explains the process that is followed when assessing planning applications affecting natural heritage interests.

Changes to the Local Nature Conservation Sites as a result of the boundary review are unlikely to impact upon geology or geomorphology.

Interrelationships

Moderate benefit is likely.

Implementation of the SG is likely to lead to an increased awareness of the extent to which there is interrelationship between environmental receptors. It also provides information on the benefits provided by certain habitats and geomorphological features, perhaps most notably in their contribution towards mitigating and adapting to the effects of a changing climate and rising sea levels.

By providing information on a range of ways in which development can impact on the natural environment the SG seeks to ensure that appropriate measures can be identified to avoid or at least minimise these impacts.

Mitigation

The purpose of Supplementary Guidance Natural Environment is to protect the environment; assessment found that no significant adverse environmental effects are unlikely as a result of its implementation. There was therefore no need to identify mitigative measures.

Monitoring

The proposed SEA monitoring programme is as follows:

Next steps

Anticipated milestones in the SEA and planning processes related to Supplementary Guidance Natural Environment are set out below.

Introduction

As part of the preparation of Supplementary Guidance Natural Heritage, Orkney Islands Council is carrying out a Strategic Environmental Assessment (SEA). SEA is a systematic method for considering the likely environmental effects of certain PPS. SEA aims to:

• integrate environmental factors into PPS preparation and decision-making;
• improve PPS and enhance environmental protection;
• increase public participation in decision making; and
• facilitate openness and transparency of decision-making.

SEA is required by the Environmental Assessment (Scotland) Act 2005. The key SEA stages are:

Screening - determining whether the PPS is likely to have significant environmental effects and whether an SEA is required.

Scoping - deciding on the scope and level of detail of the Environmental Report, and the consultation period for the report – this is done in consultation with Scottish Natural Heritage, the Scottish Environment Protection Agency and Historic Environment Scotland.

Environmental Report - publishing an Environmental Report on the PPS and its environmental effects, and consulting on that report.

Adoption - providing information on: the adopted PPS; how consultation comments have been taken into account; and methods for monitoring the significant environmental effects of the implementation of the PPS.

Monitoring - monitoring significant environmental effects in such a manner so as to also enable the Responsible Authority to identify any unforeseen adverse effects at an early stage and undertake appropriate remedial action.

The purpose of this Environmental Report is to:

• provide information on Supplementary Guidance Natural Heritage;
• identify, describe and evaluate the likely significant effects of the PPS and its reasonable alternatives; and
• provide an early and effective opportunity for the Consultation Authorities and the public to offer views on any aspect of this Environmental Report.

The key facts relating to Supplementary Guidance Natural Environment are set out in Table 1 below.

Table 1: Key facts relating to Supplementary Guidance Natural Environment

SEA activities to date

Table 2 summarises SEA activities to date in relation to Supplementary Guidance Natural Environment.

Table 2: SEA activities to date

Supplementary Guidance Natural Environment and its context

Supplementary Guidance Natural Environment comprises six sections, along with a suite of Appendices.

Section 1 Introduction explains the purpose of the SG and how it should be used; it also describes the roles of Scottish Natural Heritage, the Scottish Environment Protection Agency and Marine Scotland in protecting and conserving the environment.

Section 2 Natural Environment Considerations provides additional detail relating to the component parts of Local Development Plan Policy 9 Natural Environment (Designated Sites, Protected Species, Wider Biodiversity and Geodiversity, The Water Environment and Peat and Soils. It includes a sub-section which addresses the issue of Invasive Non-Native Species (INNS), explaining the current legislative requirements, as well as providing a link to the Scottish Government’s Non-Native Species Code of Practice. Guidance on how to deal with INNS on development sites is also included.

Section 3 Site Appraisal and Ecological Surveys provides information on the level of detail that may require to be submitted to support an application, depending on the scale, nature and location of the proposal. This section also includes an ecological survey calendar which takes account of local variations in seasonality.

Section 4 Good Design, Mitigation and Enhancement includes guidance on potential mitigation and enhancement, as well as a number of links to other, more detailed sources of guidance on these topics. Importantly, it includes the mitigation hierarchy of avoid impact, reduce impact, compensate for impact.

Section 5 Assessment of Planning Applications Affecting Natural Heritage Interests explains how planning applications for new development will be assessed by Orkney Islands Council and confirms that when making planning decisions the Council will consider biodiversity and geodiversity in accordance with the following hierarchy of importance:

1. International Sites and Protected Species.
2. National Sites and Protected Species.
3. Local Sites.
4. Other wider biodiversity and geodiversity interests.

Section 6 Species Licensing Arrangements provides guidance on the situations where protected species licensing may be required, as well as information on the licensing authorities. It stresses the importance of ensuring that adequate survey work is carried out in good time to understand the development site and determine the presence or absence of European Protected Species.

The suite of appendices consists of:

• Appendix A How and When to Consult SNH
• Appendix B How and When to Consult SEPA
• Appendix C Initial Site Audit Checklist
• Appendix D List of Relevant Legislation

The Supplementary Guidance also includes Annex 1 Local Nature Conservation Sites which contains a site statement for each LNCS and has been updated to take account of the boundary review that was undertaken between 2013 and 2016.

In November 2012, the Development and Infrastructure Committee of Orkney Islands Council had formally requested the Executive Director of Development and Infrastructure to complete a review of the Local Nature Conservation Site designation in light of the issues and comments that had been raised about this designation through the consultation of the Proposed Plan 2011, Modified Proposed Plan 2012 and the Natural Heritage Supplementary Guidance in 2012.

It was considered that there had previously been insufficient contact with landowners in relation to the LNCS designation and its role in the Local Development Plan; also a number of landowners had queried the inclusion of agriculturally productive areas of land within certain sites.

During 2013 discussions were held with members of the group which had previously undertaken a wider review of the LNCS between 2008 and 2010, as well as representatives of the National Farmers Union Scotland (NFUS), in order to agree a protocol and timescale for the boundary review. A programme of site visits was then undertaken by two members of the Development and Marine Planning team, the findings of which resulted in recommendations for boundary changes to a number of sites.

Relationship with other Plans, Programmes and Strategies and their environmental protection objectives

The Supplementary Guidance will have a significant influence on, and will draw from, other plans produced by Orkney Islands Council. It will also be guided by a range of relevant plans, programmes and strategies (PPS) produced at international, national and local level. PPS which are relevant to the SG Natural Environment are included within the wider list of plans, programmes and strategies which helped shape the Orkney Local Development Plan Main Issues Report and Proposed Plan; these are extracted and summarised in Appendix A of this report.

Relevant aspects of the current state of the environment

An environmental baseline was prepared as part of the SEA which was undertaken of the Orkney Local Development Plan Main Issues Report and Proposed Plan. The relevant sections have been extracted and summarised in Appendix B of this report.

Environmental problems

A range of environmental problems that are relevant to development planning in Orkney were identified in the Proposed Plan Environmental Report. These have generally been addressed through the Proposed Plan policies. However, there is scope for the SG to provide additional guidance to address a number of issues which are summarised in Table 3 below.

Table 3: Environmental Problems Relevant to Supplementary Guidance Natural Environment

Likely evolution of the environment without Supplementary Guidance Natural Environment

In the absence of Supplementary Guidance Natural Environment, the existing draft Planning Policy Advice Natural Heritage would continue to be used in the determination of planning applications. Although the PPA provides guidance on many development-related issues affecting natural heritage it includes limited guidance on water or peat and soils and does not address the issue of invasive non-native species. With further emphasis on incorporating biodiversity enhancement in new developments there is also a risk that, without adequate guidance and links to further information, inappropriately designed enhancement projects may be undertaken which could result in the introduction of non-native and potentially invasive species.

SEA objectives

A set of environmental objectives was identified within the Environmental Report which was prepared alongside the Orkney Local Development Plan Main Issues Report. These objectives represented the criteria against which the policies and proposals of the Main Issues Report and the Proposed Plan were assessed. The relevant SEA objectives have again been used as criteria against which to assess the environmental effects of Supplementary Guidance Natural Environment and these are reproduced in Table 4 below.

Table 4: The SEA Objectives

Assessment of environmental effects and measures envisaged for mitigation of significant adverse effects

This chapter sets out the method used for the environmental assessment of Supplementary Guidance Natural Environment.

Alternatives to which SEA was applied

The current version of Supplementary Guidance Natural Environment replaces the draft Planning Policy Advice Natural Heritage which was adopted in July 2012, pending a boundary review of the Local Nature Conservation Sites.

No further alternatives were considered.

The boundary review of the Local Nature Conservation Sites has focused on areas classified in the relevant Phase 1 Habitat Survey maps as Semi-improved Grassland. The aim of the review was to assess these areas in order to ensure that only areas with significant value for biodiversity are retained within the sites. The procedure followed is included as Appendix D Local Nature Conservation Site review procedure.

An initial desk-based analysis of the Phase 1 habitat data revealed that 138 LNCS included areas of semi-improved grassland. Of these, most were found to be relatively small, forming part of a wider mosaic of habitats and were not considered further.

Eighty sites were identified where the semi-improved grassland was found to occur over larger areas, often on the edge of sites, and these were identified for site visits to enable us to assess their biodiversity value. Where possible, the relevant landowner was contacted in order to arrange the site visit. For a very small number of sites we were unable to ascertain who the landowner was; however in all of these instances we were able to view the area in question from the road or from a Core Path.

Meeting with the landowners was an important element in the review as it enabled us to explain the background to the LNCS designation and its purpose in the Local Development Plan. The landowner was generally invited to take part in the walkover visits and a small number accepted this offer. The president of the local branch of the National Union of Farmers Scotland (NFUS) also attended a number of site visits.

All site visits were undertaken by the same members of the Development and Marine Planning team, ensuring consistency of approach.

The findings of these visits informed recommendations for boundary changes to a number of sites. These recommendations were discussed with representatives of the group which had undertaken the original LNCS review between 2008 and 2010, as well as the president of the NFUS.

As a result, it was agreed that semi-improved grassland covering a total area of 336.29 acres would be removed from 43 sites. In line with the review procedure, a further 112.54 acres classified as improved grassland, arable land or tall ruderals had already been removed from a number of sites.

Adherence to the methods outlined in Appendix D ensured that careful consideration was given to the biodiversity value of the areas under consideration and where any area was recommended for removal checks were undertaken to ensure that its removal would not result in any downgrading of the site in terms of how it scores according to the criteria that were used to identify the suite of Local Nature Conservation Sites.

Assessment Summary

Climatic factors

Effects are likely to be broadly neutral, with potential for moderate localised benefit, for example where measures may be undertaken to restore and protect damaged peatland, in line with guidance included in the SG.

The SG highlights some of the key benefits provided to society by the natural environment, for example the protection against coastal erosion and flood risk that is afforded by habitats such coastal sand dunes and geomorphological features such as shingle ayres. Similarly, it emphasises the role played by peat and soils in storing carbon, regulating water storage and removing pollutants from water. The inclusion of this information in the SG will help raise awareness of these benefits and should ensure that, where there is potential for development proposals to impact on habitats and features that provide ecosystem services such as these, appropriate mitigative or enhancement measures are put in place.

Effects on environmental features and processes are important considerations when planning renewable energy developments, and implementation of the SG may lead to changes to the siting, scale and design of certain onshore wind energy proposals.

Changes recommended to the Local Nature Conservation Site boundaries are unlikely to impact upon climatic factors such as carbon sequestration or flood mitigation.

Biodiversity

Effects are likely to be broadly neutral, with potential for moderate localised benefit, for example where biodiversity enhancement projects are undertaken, in line with the guidance and suggestions included in the SG.

Throughout the document, information is provided on ways in which development can impact on the natural environment and biodiversity. For example Table 1 lists the range of protected species that can be found in Orkney and Table 2 highlights the vulnerability of these species to certain types of development. Emphasis is given to the importance of considering the effects of a development proposal on the natural environment at an early stage and providing the appropriate level of information to support a planning application.

There is potential for ecological surveys to be undertaken at inappropriate times of the year, resulting in the submission of poorly informed environmental reports to support planning applications. This issue has been addressed in the SG through the inclusion of an ecological survey calendar which outlines the appropriate timing of surveys and takes account of local variations in seasonality. Links are also provided to websites which provide more detailed guidance on survey methods.

The issue of invasive non-native species is addressed in section 2.8 where the potential for INNS to impact on the natural environment is explained, along with information on the legislative requirements and the responsibilities of developers to ensure that where INNS are found to be present on a site, they are dealt with appropriately and are not allowed to spread from the site. A link is provided to the Scottish Government’s Non-Native Species Code of Practice and guidance on how to manage INNS on development sites is also included.

Section 4 provides guidance and suggestions for biodiversity enhancement projects and a range of options for biodiversity are set out in table 6. These encourage the use of appropriate native species – again this will help avoid the introduction of non-native and potentially invasive species.

The LNCS boundary review resulted in the removal of 336.29 acres of semi-improved grassland from 43 sites, as well as a further 112.54 acres of improved grassland, arable land or tall ruderals. However due to the procedure followed when reviewing the LNCS, which includes checks to ensure no reduction to the overall scoring of individual sites, the removal of these areas is unlikely to lead to significant adverse effects on biodiversity, flora or fauna.

Water

Effects are likely to be broadly neutral, with potential for moderate localised benefit, for example where enhancement projects may be carried out in line with the guidance and suggestions included in Section 4 of the SG.

Section 2.6 sets out the Council’s duties in relation to the Water Framework Directive and the Water Environment and Water Services Act 2003, to protect, improve and promote the sustainable use of the water environment, as well as its purpose in ensuring that new development supports the delivery of River Basin Management Planning objectives.

The establishment of development-free buffer zones alongside waterbodies is promoted, as well as the need to ensure that private waste water treatment systems are appropriately sited and designed.

Some of the areas visited during the LNCS review were associated with small lochs and ponds and represented drier areas beyond the marshy margins, many of which are likely to be grazed on a seasonal basis. Others had no association with water bodies.

The removal of areas of semi-improved grassland from Local Nature Conservation Sites is unlikely to impact significantly upon the water environment.

Soil

Effects are likely to be broadly neutral.

Section 2.7 outlines a number of soil-related issues which can arise during the construction phase of developments and which can impact on waterbodies, public amenity and biodiversity. It explains that these issues may need to be addressed through either a method statement or the preparation of a Construction Environmental Management Plan (CEMP), dependent on the scale of the development.

Changes recommended to the Local Nature Conservation Sites as a result of the boundary review are unlikely to impact upon peat or soils. None of the areas recommended for removal are underlain by peat and the LNCS designation has no influence on how they are managed for agriculture.

Geology

Effects are likely to be broadly neutral.

The policy protection afforded to nationally or locally designated geodiversity sites or Geological Conservation Review sites is outlined in Sections 2.2 and 2.4. Section 2.5 addresses development which could affect the wider geodiversity. Section 5 explains the process that is followed when assessing planning applications affecting natural heritage interests.

Changes to the Local Nature Conservation Sites as a result of the boundary review are unlikely to impact upon geology or geomorphology.

Interrelationships

Moderate benefit is likely.

Implementation of the SG is likely to lead to an increased awareness of the extent to which there is interrelationship between environmental receptors. It also provides information on the benefits provided by certain habitats and geomorphological features, perhaps most notably in their contribution towards mitigating and adapting to the effects of a changing climate and rising sea levels.

By providing information on a range of ways in which development can impact on the natural environment the SG seeks to ensure that appropriate measures can be identified to avoid or at least minimise these impacts.

Mitigation measures

Schedule 3 paragraph 7 of the Environmental Assessment (Scotland) Act 2005 requires an explanation of “the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme.”

The purpose of Supplementary Guidance Natural Environment is to protect the environment; assessment found that no significant adverse environmental effects are unlikely as a result of its implementation. There was therefore no need to identify mitigative measures.

Monitoring

The purpose of monitoring is to ensure that the proposed mitigation is effective and that any unexpected effects can be detected at an early stage so that appropriate remedial action can be put in place. Monitoring will be used to provide essential information on which to base future development. The proposed SEA monitoring programme is set out in Table 5 below.

Table 5: Proposed SEA Monitoring Programme

Next steps

Proposed consultation timescales

In line with section 15(3) of the Act, the Environmental Report will be presented for public consultation during the same period as that proposed for the draft Supplementary Guidance. This consultation period is likely to commence on 12 October 2016, and a period of at least six weeks will be allowed for representations to be made in respect of the Environmental Report.

Anticipated milestones in the SEA and planning processes related to Supplementary Guidance Natural Environment are set out in Table 6 below.

Table 6: Anticipated plan-making and SEA milestones

Table 7: Summary of Reponses to Consultation on the Scoping Report and Action Taken