Post-Adoption SEA Statement – Cover Note

Contents

• Post-Adoption SEA Statement – Cover Note
• Post-adoption Statement Strategic Environmental Assessment process
• How environmental considerations have been integrated into the Orkney Local Development Plan 2017
• Environmental Issues
• Aspects of the Plan where there remains potential for significant negative effects
• Significant positive effects identified in the Environmental Report
• How opinions expressed during the consultation have been taken into account
• Monitoring Programme
• Reasons for choosing the Orkney Local Development Plan 2017, as adopted

Post-Adoption Statement – Key Facts

This Post-Adoption document has been prepared in accordance with Section 18 of the Environmental Assessment (Scotland) Act 2005.

The full Orkney Local Development Plan 2017 as adopted, along with the Environmental Report and Post-adoption Statement are available on the Orkney Islands Council website at http://www.orkney.gov.uk. All three documents may also be inspected free of charge (or a copy obtained for a reasonable charge) from Monday to Friday between the hours of 09:00 and 17:00 at the Council Offices, School Place, Kirkwall KW15 1NY.

Post-adoption Statement Strategic Environmental Assessment process

The Orkney Local Development Plan 2017 has been subject to a process of Strategic Environmental Assessment (SEA), as required under the Environmental Assessment (Scotland) Act 2005. This has included the following activities:

• Taking into account the views of the Scottish Environment Protection Agency, Scottish Natural Heritage and Historic Environment Scotland) regarding the scope and level of detail that was appropriate for the Environmental Report.
• Preparing an Environmental Report on the likely significant effects on the environment of the draft PPS which included consideration of:
  • The baseline data relating to the current state of the environment;
  • Links between the Plan and other relevant strategies, policies, plans, programmes and environmental protection objectives;
  • Existing environmental problems affecting the Plan;
  • The plan's likely significant effects on the environment (positive and negative);
  • Measures envisaged for the prevention, reduction and offsetting of any significant adverse effects;
  • An outline of the reasons for selecting the alternatives chosen;
  • Monitoring measures to ensure that any unforeseen environmental effects will be identified allowing for appropriate remedial action to be taken;
  • Consulting on the Environmental Report;
  • Taking into account the Environmental Report and the results of consultation in making final decisions regarding the Plan; and
  • Committing to monitoring the significant environmental effects of the implementation of the Plan. This will also identify any unforeseen adverse significant environmental effects and to enable taking appropriate remedial action.

Table 1: SEA progress to date

How environmental considerations have been integrated into the Orkney Local Development Plan 2017

This section of the Post Adoption Statement sets out how environmental considerations have been taken into account when preparing the Orkney Local Development Plan and how they have broadly influenced its shape. It provides information on how the following have been addressed in the Plan:

• Environmental issues identified by the Environmental Report.
• Assessment and Mitigation.
• Significant negative effects.
• Significant positive effects.

Environmental Issues

Table 2 below outlines the environmental issues which were identified in the Environmental Report and how these have been addressed in preparation of the Orkney Local Development Plan.

Table 2: Environmental Issues identified by the Environmental Report

Assessment and mitigation

At the Main Issues Report stage, assessments were undertaken of a series of alternative options for the direction that land use planning policy and development allocations might take in Orkney, in order to identify their likely environmental effects and enable selection of the most sustainable options as well as rejection of less sustainable alternatives. The findings of these assessments were presented in the Main Issues Report Environmental Report, to be carried forward for further consideration during preparation of the Proposed Plan.

At the Proposed Plan stage, potential issues or constraints relating to the settlement allocations were documented in the Environmental report. Table 3 lists these issues and constraints and summarises how they have been addressed through mitigation.

Table 3: Potential constraints to development identified through assessment of the Settlement land allocation options

Where assessment of the policies highlighted the potential for negative effects, mitigation was recommended, in the form of changes to the wording. Table 4 below summarises the findings of the Proposed Plan Environmental Report and how these were addressed in the Plan.

Table 4: Policy assessments – SEA recommendations

Aspects of the Plan where there remains potential for significant negative effects

The Environmental Report identified only one aspect of the Plan where the potential for significant negative effects has not been fully addressed.

The reed bed within the Stenness Waste Water Treatment Works is currently defective, with the result that waste water passing through the Works is not being adequately treated. Effluent from the reedbed flows into the Loch of Stenness where there is potential for it to impact on water quality, for example by altering the nutrient balance of the loch. This in turn has potential to affect plant assemblages which are routinely present in the Loch of Stenness SAC, for example by encouraging the growth of microscopic algae at the expense of larger plant species. Scottish Water has confirmed that the reed bed will require investment, in order to improve water quality.

The Settlement Statement confirms that “The Stenness reedbed will require investment to improve the quality of discharged water, in order for further development to connect to the Waste Water Treatment Works.” However further consultation with Scottish Water will be required, regarding timescales for improvements to the reed bed system.

Significant positive effects identified in the Environmental Report

Assessment of the Plan concluded that significant positive effects are likely to result from implementation of the Plan. These are described in the following paragraphs.

Climatic factors

Overall, the effects of the Proposed Plan are likely to be moderately beneficial in terms of climatic factors. The spatial strategy continues to focus major development towards the towns, villages and rural settlements where there is ready access to services and facilities and the option to use public transport is generally available, reducing dependency on the private car. With policies that make provision for renewable energy generation and the incorporation of low and zero carbon energy generating technology, as well as design principles to reduce energy usage, the Plan seeks to reduce energy usage and support the transition to a low carbon economy. A number of its policies make provision for development that can help increase Orkney’s resilience to the effects of climate change, in particular its policy on flood risk and Sustainable Drainage Systems. In addition, Policy 10 Green Infrastructure makes provision for the creation of green networks in the larger settlements; these have potential to enhance flood risk management. However flood risk continues to be an issue, particularly in parts of Kirkwall and Policy 13 also notes that future Sustainable Drainage Systems will have to ensure that there is a neutral or better risk of flooding from surface water both on and off site.

Biodiversity, flora and fauna

Although the effects on biodiversity, flora and fauna are mainly neutral, policies 9 Natural Heritage and Landscape, 10 Green Infrastructure and 13 Flood Risk, SuDS Waste Water all make provision for biodiversity enhancement, for example through the creation of green networks and natural flood management projects. However there are also risks of localised loss of biodiversity, for example where Policy 4 Housing continues to support infill development; in some instances this is achieved through the subdivision of garden ground and can lead to the loss of mature trees as well as flowering shrubs and herbaceous plants which collectively represent important sources of forage and shelter for certain bird and invertebrate species.

Water

Policies which make provision for the creation of green networks and natural flood risk management schemes have potential to improve the water environment and contribute to River Basin Management Planning objectives.

Soils

Moderate benefits are likely for peat and soils where policy 9E seeks to minimise the loss of and disturbance to peat and carbon rich soils. This policy also benefits climatic factors by seeking to minimise development-related release to atmosphere of carbon that is stored in these soils and minerals.

Geology

Effects on geology are broadly neutral as the relevant policies are generally protective rather than making provision for enhancement. However it should be noted that both Policy 9 Natural Heritage and Landscape and Policy 12 Coastal Development recognise that certain natural features and processes provide services to communities. Examples include geomorphological features such as shingle banks, spits and coastal sand dunes which provide protection from coastal flooding.

Landscape

The effects on landscape are mainly protective and neutral; however there is potential for moderate benefit through improved design in new development as well as the creation of green networks.

Cultural heritage

The effects on cultural heritage are also anticipated to be broadly neutral; however Policy 8 Historic Environment and Cultural Heritage also makes provision for enhancement.

Population and human health

Moderate benefit is likely for the population and human health receptors from a number of policy areas, not least increased options for housing provision. Design guidance and the requirement for increased energy efficiency in new housing will also help reduce the cost of heating homes. A continued focus on improving permeability and pedestrian access in new development will enable and encourage active travel and the associated health benefits; the provision of green networks will improve the built environment and offer potential to incorporate shelter, e.g. through woodland planting or new water features which help mitigate flood risk and provide more attractive places in which to live and work. Support for digital connectivity through Policy 15 is important in enabling increased social inclusion, in particular in more remote areas. Better connectivity also has potential to improve access to health, social and recreational facilities.

Material assets

Moderate benefit is possible where Policy 5 Business, Industry and Employment makes provision for energy from waste development. This would replace the current waste management arrangement whereby Orkney’s waste is shipped to Shetland for incineration in an energy-from-waste plant.

How opinions expressed during the consultation have been taken into account

Responses received during consultation on the Environmental Reports which were prepared alongside the Main Issues Report and the Proposed Plan are set out in Tables 5 and 6 below, along with an explanation of how these have been taken into account in making the decision to adopt the final Orkney Local Development Plan 2017.

Table 7 lists the changes that were made to the Plan to take account of the recommendations of the Scottish Government Reporter, and how these were taken into account in the Environmental Report.

Table 5: Summary and analysis of responses to the Environmental Report of the Main Issues Report

Responses received during consultation on the Environmental Report associated with the Proposed Plan are set out in Table 6 below, along with an explanation of how these have been taken into account in making the decision to adopt the final Orkney Local Development Plan.

Table 6: Responses to consultation on the Proposed Plan Environmental Report

Table 7: Changes that were made to the Plan to take account of the Scottish Government Reporters’ recommendations, and how these were taken into account

Monitoring Programme

The purpose of monitoring is to ensure that any proposed mitigation is effective and that unexpected effects can be detected at an early stage, so that appropriate remedial action can be put in place. Over time it is expected that environmental benefits will become apparent through the trends highlighted by the monitoring programme. Monitoring will be used to provide essential information upon which to base future development policies.

In the Proposed Plan Environmental Report a set of monitoring indicators was identified which related closely to the SEA objectives for the Orkney Local Development Plan. These have since been updated, to take account of responses received during the consultation process and also to ensure that they can feasibly be monitored.

The proposed SEA monitoring activities are set out in Table 8.

Table 8: Proposed SEA monitoring programme

Reasons for choosing the Orkney Local Development Plan 2017, as adopted

The OLDP 2017 represents an up to date statement of local planning policy and proposals for Orkney that reflects the current planning position of the Scottish Government. The processes that are set in legislation and regulation for the review and production of a new Local Development Plan have been adhered to. The main stages of, and documents resulting from, these processes are noted below.

The Monitoring Statement (MS) detailed the outcomes of the monitoring and review of the existing Plan and was prepared in conjunction with the Strategic Environment Assessment (SEA) Scoping Report. This stage included a period of open engagement with members of the public and other planning stakeholders, to consider planning matters and the direction of future land allocation, as well as a review of Scottish Planning Policy 2014 and National Planning Framework 3 and consideration of any recent social, economic and environmental changes that had affected Orkney.

The outcomes of this process informed preparation of the Main Issues Report (MIR) which was published for public consultation in 2015. The MIR detailed the main planning issues facing Orkney and set out policy and proposal options that could be included in the new Plan. These options were referred to as ‘the preferred option’ and ‘the alternative option’. The judgement of what was preferred was based on a wide range of planning considerations, including the past performance of planning policy, regional and national planning policy and the findings of site visits.

Each of the options were measured against the SEA objectives and assessed for their potential impact on the environment, with the assessment findings reported in the MIR Environmental Report.

Consultation identified a number of issues which required further consideration. These were addressed during preparation of the policies and proposals of the Proposed Plan. All policies and any changes to land allocation proposals were measured against the SEA objectives and assessed for their potential impact on the environment, with the assessment findings reported in the Proposed Plan Environmental Report. Both documents were published for consultation in May 2016.

Following consultation, minor changes were made to the Proposed Plan before it entered into the examination process in January 2017. During this stage, consultation responses which had not been incorporated into the Plan were considered by the Scottish Government’s appointed Reporter. A number of recommendations made by the Reporter were published and these underwent SEA; however none were found likely to result in significant environmental effects.

The main advantages of the policies and proposals of the final Orkney Local Development Plan 2017 are that:

• it promotes a sustainable pattern of development;
• it demonstrates a high level of consistency with national and international policies and programmes; and
• compared with alternatives that were considered, the assessments found that a broadly neutral or positive environmental outcome was likely, with fewer and less significant negative impacts.

Throughout the SEA process the Consultation Authorities have confirmed their agreement with the SEA objectives and the overall assessment approach adopted. Comments received from the Consultation Authorities and others, relating to the environmental impacts and opportunities associated with the Local Development Plan, have been retained on a database by Orkney Islands Council and these continue to contribute to the assessment of development proposals through the Development Management function.

The Orkney Local Development Plan 2017 was approved by Orkney Islands Council on 9 March 2017 and formally adopted on 18 April 2017.