National Planning Framework 4: habitats regulations appraisal

1. Introduction

Overview of National Planning Framework 4

1.1 National Planning Framework 4 (NPF4) will be a long-term spatial plan to 2045 that sets out where development and infrastructure will be needed to support sustainable and inclusive growth. It will guide spatial development, set out Scotland's national planning policies, and highlight regional spatial priorities. NPF4 will incorporate Scottish Planning Policy, so that spatial and thematic planning policies will be addressed in one place. It will have the status of development plan for planning purposes. This is a change to the previous position and will mean that its policies should inform day to day decision making as decisions in the planning system are made on the basis of the development plan for the area.

1.2 NPF4 will be very different to the previous National Planning Framework 3 (NPF3), with a longer time horizon to 2045, fuller regional coverage and improved alignment with wider programmes and strategies, including on infrastructure, climate change and economic investment. NPF4 also takes into account indicative regional spatial strategies prepared by local authorities.

1.3 NPF4 will address the following high-level outcomes:

• meeting the housing needs of people living in Scotland including, in particular, the housing needs of older people and disabled people;
• improving the health and well-being of people living in Scotland;
• increasing the population of rural areas of Scotland;
• improving equality and eliminating discrimination;
• meeting any targets relating to the reduction of emission of greenhouse gases; and
• securing positive effects for biodiversity.

1.4 In addition, NPF4 will designate as 'National Developments' certain developments or classes of development for which Scottish Ministers have established the need in principle. The National Developments are as follows

1. Energy Innovation Development on the Islands^[4]

2. Pumped Hydro Storage

3. Strategic Renewable Electricity Generation and Transmission Infrastructure

4. Circular Economy Materials Management Facilities

5. Urban Sustainable, Blue and Green Surface Water Management Solutions^[5]

6. Urban Mass/Rapid Transit Network

7. Central Scotland Green Network

8. National Walking, Cycling and Wheeling Network

9. Edinburgh Waterfront

10. Dundee Waterfront

11. Stranraer Gateway

12. Digital Fibre Network

13. Clyde Mission

14. Aberdeen Harbour

15. Industrial Green Transition Zones

16. Hunterston Strategic Asset

17. Chapelcross Power Station Redevelopment

18. High Speed Rail

1.5 Under the Habitats Regulations^[6], a network of sites has been designated across Scotland and its marine environment for the purposes of nature conservation. This network comprises sites known as Special Areas of Conservation (SAC) and Special Protection Areas (SPA). SACs are designated for the protection of habitats, plants and non-avian animal species of conservation concern. SPAs are designated to protect rare or vulnerable species of bird, as well as certain regularly occurring migratory bird species.

1.6 Prior to the UK's exit from the European Union (EU), Scotland's SACs and SPAs were part of a wider European network of such sites known as the 'Natura 2000 network'. They were consequently referred to as 'European sites'. Now that the UK has left the EU, Scotland's SACs and SPAs are no longer part of the Natura 2000 network but form a part of a UK-wide network of designated sites referred to as the 'UK site network'. However, it is current Scottish Government policy to retain the term 'European site' to refer collectively to SACs and SPAs (including any which are designated following the UK's exit from the EU).

1.7 The Habitats Regulations or, for reserved matters, the Conservation of Habitats and Species Regulations 2017 (as amended), require that any development plan or proposal which is not directly connected with or necessary to the conservation of a European site, and which is likely to have a significant effect on such as site, must be subject to an 'appropriate assessment' of the implications for the Conservation Objectives of that site. Generally, such plans or proposals may only be approved if the 'competent authority' has ascertained, by means of an appropriate assessment, that there will be no adverse effect on the integrity of the European site(s).

1.8 The procedure to be applied is known as 'Habitats Regulations Appraisal' (HRA)^[7].

1.9 In addition to fully designated European sites, the Habitats Regulations also apply to those sites in the earlier stages of the designation process and which are referred to as 'candidate' or 'proposed' European sites.

1.10 For the purposes of the HRA of NPF4, consideration has also been given to Wetlands of International Importance (more commonly known as 'Ramsar sites'). For the remainder of this document, the term 'European site' is therefore used to refer to fully designated SACs, SPAs and Ramsar sites, as well as candidate or proposed European sites.

1.11 Since NPF4 constitutes a 'plan' within the meaning of the Habitats Regulations, it was necessary for a HRA to be completed. The aim of the HRA has been to demonstrate that the adoption of NPF4, including its spatial and thematic policies, will not result in adverse effects on the integrity of any of Scotland's European sites.

Background to this Appraisal

1.12 AECOM was appointed by Scottish Government to conduct the HRA of NPF4. Prior to the preparation of this HRA Record, the following work was carried out as part of the HRA process:

• the methodology to be adopted during the HRA of NPF4 was set out in the Habitats Regulations Appraisal of National Planning Framework 4 – HRA Methodology (AECOM, 2020). The methods were submitted to the NPF4 HRA Steering Group, comprising representatives from Scottish Government and NatureScot (formerly Scottish Natural Heritage (SNH)), and were agreed by all parties, and
• a baseline data gathering exercise was completed and is reported in the Habitats Regulations Appraisal of National Planning Framework 4 – Baseline Information Report (AECOM, 2021a). As part of this exercise, the following information was collected:
  • all European sites designated and proposed since the publication of NPF3
  • any changes to European sites included in the HRA of NPF3 which have been made since its publication (e.g. changes to their Conservation Objectives, changes to qualifying features etc.)
  • details of all plans and strategies which were considered as part of the in-combination assessment of effects on European sites relevant to NPF4
  • new and potentially relevant research conducted since the publication of NPF3 which informed the HRA of NPF4, and
  • a review of the buffer areas which were applied as part of the 'ecological screening' element of the HRA, based on available information from contemporary research.

1.13 The information collected during the baseline data gathering exercise was used to inform all of the subsequent stages of the HRA of NPF4.

1.14 In addition, an 'HRA screening' exercise was carried out. The purpose of this stage of the HRA was to determine, in view of best available scientific knowledge, whether NPF4, either alone or in-combination with other plans or projects, could have likely significant effects on the qualifying features of any European sites. The objective was to 'screen out' those elements of the plan – including policies and National Developments – for which it could be stated, without any detailed appraisal, that significant effects are unlikely on any European site. Where likely significant effects were identified, or if there was reasonable scientific doubt, then a policy or National Development would be 'screened in' to the next stage of detailed appropriate assessment. Full details can be found in the Habitats Regulations Appraisal of National Planning Framework 4 – Initial HRA Screening Record (AECOM, 2021b).

1.15 Subsequent to the publication of the HRA Screening Record, changes were made to the draft Spatial Strategy and National Planning Policies. All changes were reviewed to determine whether they could result in likely significant effects on European sites. However, no likely significant effects were identified from the changes and the conclusions of the HRA Screening Report remained the same, with the final Spatial Strategy and National Planning Polices continuing to be screened out of appropriate assessment.

Quality Assurance

1.16 This document has been prepared in accordance with the AECOM Integrated Management System (IMS). Our IMS places emphasis on professionalism, technical excellence, quality, as well as covering health, safety, environment and sustainability management. All AECOM staff members are committed to maintaining our accreditation to those parts of BS EN ISO 9001:2015 and 14001:2015, as well as BS OHSAS 18001:2007 that are relevant to a consultancy service.

1.17 All ecologists involved in the HRA of NPF4 are members, at the appropriate level, of the Chartered Institute of Ecology and Environmental Management (CIEEM) and adhere to their strict Code of Professional Conduct.