ANGUS LOCAL DEVELOPMENT PLAN 2016 Environmental Assessment (Scotland) Act 2005 Supplementary Guidance – Policy PV9 Renewable and Low Carbon Energy Development ENVIRONMENTAL REPORT STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) ANGUS COUNCIL June 2017 33 To: [email protected] SEA Gateway Team 2-H (South) Victoria Quay Edinburgh EH6 6QQ A Finalised SEA is attached for:- Angus Local Development Plan Supplementary Guidance for Renewable and Low Carbon Energy Responsible Authority Angus Council Contact: Isabelle Davies Job Title: Planning Officer (Development Plans) Contact Address: Environment and Development Plan Team Planning and Place Communities County Buildings Market Street Forfar DD8 3LG Telephone: 01307 473195 Email: [email protected] Signature Date 19th June 2017 2 CONTENTS Page 1. Non Technical Summary 5 Introduction SEA Methodology The Assessment Process 2. Introduction 8 Requirement for SEA Key Facts Scope of Environmental Assessment SEA Activities to Date 3. Context 12 Outline and Plan Objectives of the SG Relationship with other Plans and Strategies The Angus Environment Summary of Environmental Issues Evolution of the Environment without the SG 4. Assessment of Environmental Effects and Proposed 19 Mitigation SEA Objectives Assessment of Alternatives Assessment of the SG Problems of Assessment Cumulative Impacts Timescale Mitigation Measures 5. Next Steps 33 6. Monitoring 34 Appendices 1. Area covered by the Angus Local Development Plan 35 2. Relationship with Other Relevant Strategies, Plans and 36 Programmes or Legislation 3. Related Development Plan Policies x 4. Environmental Issues Relevant to the SG x 3 5. The Angus Environment x a. Environmental Baseline Data b. Designated Natural Heritage Sites in Angus c. Historic Gardens and Designed Landscapes in Angus d. Local Wildlife Sites in Angus Tables 1. Scope of the Environmental Assessment 9 2. Development Plan Environmental Protection/ 14 Enhancement Policies 3. SEA Topic and Key Baseline Information 14 4. Environmental Issues Relevant to the SG 17 5. SEA Objectives 19 6. Assessment of SG against SEA Objectives 24 Key a. Biodiversity, Flora and Fauna b. Soil c. Water d. Cultural Heritage e. Material Assets f. Landscape Figures 1 SG Links with Other Plans, programmes and Strategies 13 4 1 NON-TECHNICAL SUMMARY Introduction The Development Plan for Angus (comprising the TAYplan Strategic Development Plan and the Angus Local Development Plan) is the statutory basis for the determination of planning applications and assessment of development proposals. These documents have been prepared in accordance with legislation, policy and advice in effect at the time of their preparation. This Supplementary Guidance (SG) aims to provide a spatial framework for wind turbines and will set out the detailed policy considerations against which all proposals for wind energy and other forms of renewable energy will be assessed, based on those considerations listed in paragraph 169 of Scottish Planning Policy (SPP). SEA Methodology In accordance with Schedule 2 of the Environmental Assessment (Scotland) Act 2005, the Council determined the significance of impacts in relation to the SEA issues as set out in Schedule 3 of the act. Following discussion with SEPA it was confirmed that it is the effect of the Draft Supplementary Guidance for Renewable and Low Carbon Energy Development as additional to the LDP that is being assessed. Consequently the following issues against which the likely significant effects of the PPS should be addressed:-  Biodiversity, flora and fauna  Soil  Water  Material Assets  Cultural heritage  Landscape SEA objectives were drawn up for these issues and the impacts of the Draft SG have been assessed against these objectives. The assessment takes into account the period over which the impacts may occur (short or long term), scale of impact and potential mitigation. The Assessment Process As the SG addresses the same issues as the previous Implementation Guide for Renewable Energy Development (2012), this Environmental Report is updated from that prepared in 2012. The parameters for the Strategic Environmental Assessment were confirmed through a scoping exercise and the ER revised in response to the comments received from the Consulting Authorities (summarised in Appendix 4). Table 7 Assessment of the SG against SEA Objectives outcomes are summarised below:- Biodiversity, Flora and Fauna The effect of the SG on the criteria developed to assess the impact on the SEA objectives under this heading is broadly similar in each case. The SG is assessed as having a generally positive effect given its role in highlighting and promoting the protection of sites designated for their natural heritage value, 5 and the integrity of the reasons for their designation. It outlines steps to be taken; sources of information and advice; and promotes mitigation measures where appropriate. The residual impact is assessed as primarily neutral, reflecting the aim of preventing unacceptable adverse impact. There may be instances where biodiversity, flora and fauna are enhanced by actions associated with a development, but these will relate to site specific conditions and opportunities which may follow on from the SG but not directly arising from its implementation. Soil The SG is assessed as having a slight positive effect on the criteria developed for objectives relating to soils. It references the specific guidance for soils and their protection; supports protection and enhancement of Carbon Rich Soils, Deep Peat and Priority Peatland Habitats. It requires soils be considered in the planning application, during construction and restoration. It highlights that opportunity exits to enhance and restore souls. The residual impact should therefore be neutral to slightly positive. Water In relation to the criterion for the water resource the effect of the SG is positive in that it reflects the implementation of the Water Framework Directive. The SG highlights the need to protect or enhance the current status of the water environment in accordance with this and the Controlled Activities Regulations (CAR) which authorise certain activities that affect water bodies including abstraction; discharge of pollutants; and dams and weirs. The effect of the SG is therefore assessed to be positive. Residual impact should be neutral to positive reflecting the need to protect or enhance the quality of the water resource. The SG is assessed neutral in relation to its effect on the potable water supply in that it reinforces the current position with regard to the need for applicants to consult with SW, SEPA and ECP. The residual impact is assessed as neutral given the requirement to avoid deterioration of the potable water supply. The effect of the SG in relation to the flood prevention criterion is neutral in that it reinforces the ALDP position with regard to relevant legislation and advice. Cultural Heritage The effect of the SG on the criteria developed to assess the impact on the SEA objectives under this heading is broadly similar in each case. The SG is assessed as having a generally positive effect given its role in highlighting and promoting the protection of sites designated for their cultural heritage value, and the integrity of the reasons for their designation. It outlines steps to be taken; sources of information and advice; and promotes mitigation measures where appropriate. The residual impact is assessed as primarily neutral to negative however, reflecting the aim of preventing unacceptable adverse impact but acceptance that development may affect a designated site or feature, but that the impact is deemed to be acceptable. Material Assets 6 SR recognised renewable energy as a sustainable resource. It supports protection of other natural resources required and opportunities to better use heat and manage waste through LDP policies. As the SG supports renewable and low carbon energy development it should have a positive residual effect. Landscape The SG is assessed as having a positive effect with regard to the relevant criteria as it develops guidance for renewable and low carbon energy development in relation to landscape; advises on parameters for the assessment of cumulative visual impact; and establishes standards for illustrations (maps, photographs and diagrams) to accompany applications. This should result in development which is appropriate in relation to both the landscape and visual context. It refines and develops the Spatial Framework for Wind Turbines and reinforces the Wild Land designation in Angus. The residual impact remains unknown however, because the assessment of impact will depend on the individual proposal and its siting, scale and design. Mitigation The impact of the SG on the SEA Objectives is, primarily, positive to neutral given its role as Implementation Guidance for the policies in the Adopted Angus Local Plan Review therefore positive specific mitigation measures are not felt to be necessary. The SG provides guidance, not policy and the application of local, strategic and national policy and legislation primarily enforce mitigation, protection and enhancement. Difference the Process has made The SEA process has not identified any significant amendment to the Draft SG. A number of additions/modifications have been incorporate to  Recognise opportunity for enhancement associated with development proposals; Consultation and Next Steps This non-technical summary sets out the purpose, methods and findings of the Strategic Environmental Assessment (SEA), which has informed the development of the SG. The Environmental Report has been prepared by Angus Council and was submitted to the Consultation Authorities (SNH, SEPA and Historic Scotland) on 18 November 2016. The formal consultation period for the Draft SG and draft SEA Environmental Report was for seven weeks until 5th January 2017 7 2 INTRODUCTION Requirement for SEA The Environmental Assessment (Scotland) Act 2005 requires that development plans prepared by public bodies be subject to Strategic Environmental Assessment. The Angus LDP will guide land use and development across Angus over the 2016-2026 period and has been subject to Strategic Environmental Assessment as part of the plan preparation process. As part of the ALDP once adopted, this SG may result in both significant positive and negative environmental impacts which require to be subject to SEA to ensure compatibility with the ALDP and Environmental Report. Purpose of this Environmental Report As part of the preparation of the SG, Angus Council has carried out a Strategic Environmental Assessment (SEA) in accordance with the Environmental Assessment (Scotland) Act 2005. SEA is a systematic method for considering the likely environmental effects in order to:-  integrate environmental factors into SG preparation and decision-making;  improve the SG and enhance environmental protection;  increase public participation in decision-making; and  facilitate openness and transparency of decision-making. 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 the Consultation Authorities - Historic Environment Scotland (HES); Scottish Natural Heritage (SNH) and Scottish Environment Protection Agency (SEPA). Environmental Report Publishing an Environmental Report on the SG and its environmental effects, and consulting on that report. Post-Adoption Providing information on – the adopted SG; how consultation comments have been taken into account; and methods for monitoring the significant environmental effects of the implementation of the SG. 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. Environmental Assessment of the SG has been undertaken throughout the process and will result in the preparation and publication of an Environmental Report which will set out:- 8  How environmental considerations have been integrated into the SG preparation process;  How the Environmental Report has influenced the preparation of the SG;  How the results of consultation on the Environmental Report have been taken into account;  The measures that are being taken to monitor the significant environmental effects of implementing the SG. Scope of the Environmental Assessment The environmental topics that are included in the environmental assessment for the Draft SG and the reasons for their inclusion are set out in Table 1 below. The range of topics detailed below is drawn from those specified in the Environmental Assessment (Scotland) Act 2005 and considered against the range of issues that the SD is likely to affect. Table 1: Scope of the Environmental Assessment SEA Issues Reason Biodiversity, Flora, There may be significant effects, individually and Fauna cumulatively, on designated sites, vulnerable habitat and/or protected species. The SG aims to highlight and protect the natural environment. Soil Renewable energy schemes may impact on soils, including peat and carbon rich soils. The SG aims to highlight and protect soils. Water Renewable energy schemes may directly and indirectly impact on the water resource. The SG aims to highlight and protect all water bodies. Material Assets There may be significant effects on material assets including soils, minerals, and infrastructure. Cultural Heritage Renewable energy schemes may directly impact on archaeology and on the setting of Listed Buildings, Scheduled Monuments, Conservation Areas and Historic Gardens and Designed Landscapes. The SG aims to highlight and protect the built heritage. 9 Key Facts The key facts relating to the SG for Renewable Energy Development are set out below:- Responsible Authority Angus Council Title of Plan, Programme or Supplementary Guidance for Renewable and Low Strategy (PPS) Carbon Energy Development What prompted the PPS Requirement to prepare a locational framework for wind energy for the Angus Local Development Plan (ALDP) area in accordance with Scottish Planning Policy(SPP); to provide additional guidance on Development Management considerations for energy infrastructure developments and on the application of Policy PV9 Renewable and Low Carbon Energy Development. Subject Renewable and Low Carbon Energy Development Period covered by the PPS 2017-2026. Frequency of Updates 5 years with the review of ALDP. Area covered by the PPS Angus Council area excluding that part within the Cairngorms National Park Authority boundary (Map 1) Purpose of the PPS Provide a spatial framework for wind energy proposals. Provide guidance on the preparation and assessment of energy development proposals. Expand Policy PV9 and other relevant policies in the adopted ALDP in accordance with current SPP Development Management considerations. Contact Name Isabelle Davies Job Title Planning Officer (Development Plans) Address Planning Service Angus Council Angus House Orchardbank Forfar DD8 1AX Telephone Number 01307 473195 E-mail [email protected] 10