National Planning Framework 4: habitats regulations appraisal

Energy Innovation Development on the Islands

Energy Innovation Development on the Islands supports proposed developments in the Outer Hebrides, Shetland and Orkney for renewable energy generation, renewable hydrogen production, infrastructure and shipping, and associated opportunities in the supply chain for fabrication, research and development. The use of low and zero emission fuels will play a crucial role in decarbonising island and mainland energy use, shipping, strengthening energy security overall and creating a low carbon energy economy for the islands and islanders.

With the exception of several port locations (for which see further below), there are no onshore elements of this National Development which are spatially defined. With no spatial definition, it is not possible to assess the potential for adverse effects on European site integrity from onshore developments under the Energy Innovation Development on the Islands. However, several of the classes of onshore development included under this National Development (for example renewable energy generation) could have impacts on European site, depending on where they are proposed.

Industrial and manufacturing processes, including the manufacture of ammonia and/or hydrogen, can result in the emission of pollutants to the atmosphere. The main airborne pollutants associated with the ammonia / hydrogen manufacturing processes are oxides of nitrogen (NOx) and ammonia gas (NH₃), both of which can affect European sites, potentially up to distances of 15km from the source.

At this stage, there is no information available on the potential location of offshore renewables projects which could come under the scope of NPF4 and which could have impacts on the qualifying species of European sites. However, such developments have the potential to significantly affect seabirds and marine mammals (e.g. through collision mortality, disturbance / displacement, and changes to predator-prey dynamics), and detailed assessment will be required by HRA at future stages of the planning process for any such proposals.

Energy Innovation Development on the Islands includes for port developments at Arnish (near Stornoway), Hatston, Lerwick, Dales Voe, Sullom Voe and Scatsta. In the draft NPF4 it also included a new deep water port for ultra large container ships at Scapa Flow. Scapa Flow is currently largely undisturbed, which contributes to its importance to a number of bird species. The initial appropriate assessment concluded that, with specific reference to a new deep water port for ultra large container ships in Scapa Flow, at this stage in the planning process and on the basis of information available currently it is not possible to conclude that there would not be adverse effects on the integrity of several European sites, including Scapa flow SPA, Orkney Mainland Moors SPA, and Hoy SPA. In response, the class of development 'Quay and handling facilities for ultra large container ships in Scapa flow' was deleted from this National Development in the Revised DraftNPF4.

There are numerous potential impacts from the construction and operation of new or expanded ports. These could affect numerous European sites designated for birds which forage in the marine environment (during both the breeding and non-breeding season) and marine mammals. However, at Arnish, Hatston, Dales Voe, Sullom Voe and Scatsta, it is considered likely that birds using these areas would be habituated to these impacts from ports / quays which already exist at these locations, and consequently that measures could be included in the detailed design and delivery to adequately mitigate such effects.

With the implementation of mitigation measures, it is considered that projects progressed under all classes of development included in the Energy Innovation Development on the Islands National Development, could potentially be delivered with no adverse effect on the integrity of any European site. This conclusion would need to be re-examined for planning applications when a much greater level of detail regarding the design and delivery of the scheme will be available.

This conclusion is based on the fact that certain classes of development under Energy Innovation Development on the Islands are likely to be deliverable without any loss of habitat from within the boundary of Sullom Voe SAC and East Mainland Coast, Shetland SPA. However, it is possible that port infrastructure upgrades or expansion at the ports of Sullom Voe or Scatsta could result in the loss of qualifying habitat from within the boundary of the Sullom Voe SAC, and similarly port development at Dales Voe could result in loss of habitat from East Mainland Coast, Shetland SPA. The loss of habitat from within the boundary of any European site has a high probability of causing an adverse effect on site integrity. As stated, HRA will be required to assess individual proposals.

The conclusion of this assessment has been reached following the removal of 'Quay and handling facilities for ultra large container ships in Scapa Flow' from this National Development in the revised Draft NPF4.

Pumped Hydro Storage

The appropriate assessment focussed on the only scheme under this National Development for which a location is identified – the expansion of Cruachan in Argyll.

Infrastructure associated with the expansion of Cruachan may lie within the boundary of two European sites: Loch Etive Woods SAC and Glen Etive and Glen Fyne SPA. A number of possible impacts on the qualifying woodland habitats and qualifying species of these sites (otter and golden eagle) were identified.

In particular, the potential for losses of qualifying habitat from the SAC or the loss of habitat from within (or outside) the SPA which supports golden eagle was considered. At this high-tier level of assessment, it is considered that such losses can be avoided through project design or, in the case of the SPA, even if they can't be completely avoided can be minimised such that they are so small as to have no significant effect on the golden eagle population (including in-combination with other possible losses from currently unknown plans or projects).

In addition, the potential for disturbance of breeding otter and golden eagle during the construction phase (and, although less likely, during the operation of the scheme) was considered. Mitigation which may be needed to avoid this from occurring could include timing works to take place outside the golden eagle breeding season (February to August, inclusive) and/or implementing suitable works exclusion zones around any identified otter or golden eagle breeding sites. This will require detailed field survey to be carried out to identify such sites and monitor breeding status.

With the implementation of mitigation measures, it is considered that, based on the level of detail available at this stage, it would be possible to deliver the expansion of Cruachan pumped hydro storage facility with no adverse effects on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

However, this conclusion is based on the assumption that the scheme can be delivered with no losses of qualifying woodland habitat of the Loch Etive Woods SAC. The loss of even a small area of such habitat may be considered significant.

Edinburgh Waterfront

This National Development supports the regeneration of strategic sites along the Forth waterfront in Edinburgh, between Leith and Granton. Potential development will include mixed use proposals that optimise use of the strategic assets for residential, community, commercial and industrial purposes, including support for offshore energy generation developments

It has been assumed when conducting this assessment that no projects will be brought forward which will result in the actual loss of habitat from within the boundary of any European site. However, should any proposals for development within the boundary of a European site be progressed, it will be necessary to conduct detailed survey to establish the distribution of qualifying and supporting habitats / species in the affected area(s). This must support a project-level HRA to ensure there are no adverse effects on the integrity of any European site.

The potential for losses of functionally-linked habitat will need to be determined through field survey once more detailed proposals exist for where works are intended to take place. Wherever possible, land which is found to be functionally-linked to the Firth of Forth European sites should be retained. However, it is considered at this stage that it is unlikely that the loss of such areas would jeopardise the integrity of any European site as the species which may be impacted are habitat generalists, the total area which would be lost is small, and there is abundant alternative habitat elsewhere along the Firth of Forth.

Similarly, although there is the potential for disturbance of qualifying waterbirds belonging to the Firth of Forth European sites, this is unlikely following implementation of mitigation, including timing of works to avoid the most sensitive periods.

New housing has the potential to increase visitor numbers to the Firth of Forth coast, with associated recreational pressure on the European sites here, in particular from disturbance of qualifying waterbirds. However, this area is already subject to high numbers of visitors, and it is considered very unlikely that any additional visitors generated by new housing would significantly change the existing situation or lead to adverse effects on European site integrity.

With the implementation of mitigation measures, it is considered that, based on the level of detail available at this stage, it would be possible to deliver projects under the Edinburgh Waterfront National Development with no adverse effects on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

This conclusion, and the requirement for mitigation (in particular to manage recreational pressure and associated impacts on qualifying waterbirds) will need to be determined at future stages of the planning process, including at the project level, and should be informed, where necessary, by detailed further study including field survey.

Dundee Waterfront

This National Development supports the redevelopment of the Dundee Waterfront, including the Central Waterfront, Seabraes, City Quay, Dundee Port, Riverside Business Area and Nature Park, and the Michelin Scotland Innovation Parc.

The initial appropriate assessment of this National Development in the draft NPF4 concluded that adverse effects on the Firth of Tay and Eden Estuary SAC (and potentially other sites) could not be ruled out, due to the inclusion of the class of development 'Land reclamation for port expansion'. As a consequence, this class of development was deleted from this National Development in the Revised Draft NPF4. The loss of habitat from within the boundary of European sites within the Firth of Tay should therefore be avoided.

Terrestrial habitat around Dundee Waterfront is potentially suitable for several qualifying species of the Firth of Tay and Eden Estuary SPA and the Outer Firth of Forth and St Andrews Bay Complex SPA. Developments here could result in the loss of habitat used by these species outside of the boundary of these sites and which is therefore considered to be functionally-linked to it.

Construction and operational activities could also cause disturbance of the qualifying animal species of European sites, both within and outside of the boundaries of European sites.

Impacts could occur from activities in the marine environment, or anywhere within the Firth of Tay. This could include dredging and the increased passage of ships. Such impacts could have effects on seabirds, marine mammals, and migratory fish belonging to the River Tay SAC.

The entirety of Dundee Waterfront lies immediately adjacent to the Firth of Tay and Eden Estuary SAC, with large areas also adjacent to the SPA and Ramsar site of the same name. The loss of any habitat from within these sites should be avoided and is not included in any class of development in the Dundee Waterfront National Development.

It has therefore been assumed when conducting the assessment for Dundee Waterfront that no projects will be brought forward which will result in the actual loss of habitat from within the boundary of any European site. Should any proposals for development within the boundary of a European site be brought forward for consideration, it will be necessary to conduct detailed survey to establish the distribution of qualifying and supporting habitats / species in the affected area(s) in order to determine no adverse effect on European site integrity.

With the implementation of mitigation measures, it is considered that development of the type included in the Dundee Waterfront National Development could be delivered with no adverse effects on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

This conclusion would need to be re-examined for planning applications when a much greater level of detail regarding the design and delivery of the scheme will be available. This will also require a thorough assessment of the potential for in-combination effects to arise with other plans or projects, including offshore wind energy developments.

Stranraer Gateway

This National Development supports the regeneration of Stranraer, covering the town and associated transport routes, including road and rail. It was determined at the HRA screening stage that onshore developments within the towns of Stranraer or Cairnryan would be unlikely to significantly affect any European site. The appropriate assessment therefore primarily considered transport infrastructure projects in the wider south-west of Scotland, and developments in the marine environment.

Transport infrastructure projects have the potential to result in the direct loss of habitat from European sites, or the loss of functionally-linked habitat, depending on the precise location of any such proposals. Furthermore, such projects could also lead to disturbance of qualifying species, with Greenland white-fronted geese belonging to Loch of Inch and Torrs Warren SPA being identified as possibly occurring in the vicinity of the A75.

Traffic is a major contributor of airborne pollutants of relevance to habitats (although this is likely to reduce post-2030 after the UK government bans the sale of new petrol and diesel cars and vans) and there is the potential for effects on European sites within 200m of any road infrastructure projects.

Construction works associated with the expansion of Stranraer marina and/or redevelopment of the east pier are likely to be relatively minor (when compared to major port developments). It is therefore unlikely that they would significantly disturb or displace breeding seabirds or marine mammals.

An increase in boat traffic in Loch Ryan could lead to disturbance of seabirds and marine mammals, alongside other impacts including injury or mortality. This may require bespoke mitigation to be implemented including speed restrictions, zoning of areas where boats are not permitted, and awareness raising. However, at this stage, the increase in the number of vessels generated through marina expansion is not expected to reach such a level that the effects on qualifying species become significant.

With the implementation of mitigation measures, it is considered that, based on the level of detail available at this stage, it would be possible to deliver projects under the Stranraer Gateway National Development with no adverse effects on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

This conclusion would need to be re-examined for planning applications when a much greater level of detail regarding the design and delivery of particular projects will be available. In particular, measures to manage the disturbance of seabirds and marine mammals in Loch Ryan which may arise from an increase in boats due to expansion of the marina in Stranraer may be required.

Clyde Mission

The Clyde Mission National Development covers the corridor of the River Clyde, up to a distance of 500m from the river's edge, along its length from South Lanarkshire in the east, to Inverclyde and Argyll and Bute in the west. It includes for a wide range of development class within this area.

Due to the broad nature of development types which could be progressed under Clyde Mission, there are numerous impacts which could arise on European sites. However, those European sites considered to be most relevant are: Inner Clyde SPA and Ramsar site, Black Cart SPA and Clyde Valley Woods SAC.

The most important impacts which could affect these sites are likely to be loss of habitat (including functionally-linked habitat) from the Inner Clyde SPA / Ramsar site and Black Cart SPA, construction-related disturbance of the qualifying birds of these sites, and the varied effects of increased recreational pressure on these sites and the Clyde Valley Woods SAC. Standard mitigation exists to avoid or minimise habitat loss and construction-related disturbance. However, strategic mitigation is likely to be necessary to ensure no adverse effects from the potential increase in visitor numbers of European sites which could occur due to projects progressed under Clyde Mission.

This is particularly the case as Clyde Mission applies to land in seven local planning authority areas. There is the potential for developments elsewhere in these council areas, but outside of the Clyde Mission area, to result in impacts which act in-combination with developments brought forward under the National Development. The creation of a strategic approach to mitigation will ensure any such impacts do not result in adverse effects on European site integrity.

Standard and strategic mitigation is likely to be required to ensure that Clyde Mission does not significantly affect the qualifying features of any European site, either alone or in-combination with other plans or projects in the wider area outside of the National Development.

However, with the implementation of mitigation measures, it is predicted that Clyde Mission can be delivered without an adverse effect on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

This conclusion must be re-examined by HRA at future stages of the planning process, including at the local development plan and project level. This is likely to require more detailed study, potentially including field survey, and the development of bespoke, strategic mitigation to avoid in-combination recreational pressure impacts.

Aberdeen Harbour

This National Development applies to the Port of Aberdeen North and South Harbours. It supports the continued use and repurposing of Aberdeen Harbour.

There is the potential for the loss of functionally-linked terrestrial habitat due to development of the South Harbour, which could impact bird species belonging to the Ythan Estuary, Sands of Forvie and Meikle Loch SPA / Ramsar site.

However, larger impacts are likely to occur from development activities taking place in the marine environment as these could affect qualifying seabirds, marine mammals and Atlantic salmon belonging to several European sites, including the River Dee SAC. Impacts could be generated through construction activities or during the operational phase (for example through maintenance dredging or the increased passage of ships).

As the most severe impacts are likely to be associated with activities in the marine environment, there is the potential for in-combination effects to arise due to projects associated with other National Developments on the east coast of Scotland (including Industrial Green Transition Zones, Dundee Waterfront and Edinburgh Waterfront). In addition, the development of offshore wind energy schemes could lead to in-combination effects, particularly if Aberdeen Harbour is to be used as a key gateway to these sites in the North Sea.

With the implementation of available mitigation measures, it is considered that development of the type included in the Aberdeen Harbour National Development could be delivered with no adverse effects on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

This conclusion would need to be re-examined for planning applications when a much greater level of detail regarding the design and delivery of the scheme will be available. This will also require a thorough assessment of the potential for in-combination effects to arise with other plans or projects, including offshore wind energy developments.

Industrial Green Transition Zones

This National Development applies to locations at St Fergus, Peterhead and Grangemouth, but could also include offshore infrastructure. It also includes a wide variety of class of development, focussed on capturing, transporting and storing carbon emissions and including associated infrastructure such as port facilities. However, it also includes for the regeneration of the town of Grangemouth and a flood protection scheme in Grangemouth.

As a very broad National Development, the potential impacts which could arise from projects brought forward under Industrial Green Transition Zones are wide ranging. At this stage, therefore, it is impossible to describe in detail all of those which could potentially occur. A summary is instead given in Annex A, with high-level recommendations for avoidance and mitigation of such impacts.

Based on the type of impact which could arise, and the availability of general mitigation, it is considered that this National Development could be implemented in such a way that no adverse effects on the integrity of any European site would occur as a result of projects brought forward under Industrial Green Transition Zones, either alone or in-combination with other known plans or projects.

This conclusion must be re-examined by HRA at future stages of the planning process, including at the project level. This is very likely to require detailed further study, including field survey, in order to establish the presence and distribution of qualifying features in relation to development proposals.

Hunterston Strategic Asset

This National Development was screened into appropriate assessment on the basis that likely significant effects on SPAs designated for breeding seabirds from port development at Hunterston could not be ruled out. As the nearest such site, the assessment focussed primarily on Ailsa Craig SPA. However, the identified impacts which could arise could affect seabirds belonging to SPAs several hundred kilometres distant from the National Development as many seabirds are known to forage a long way from their nesting colonies.

The primary sources for impacts are likely to be an increase in ship movements in the Firth of Clyde and, should they be required, dredging activities, including the disposal of dredge waste. However, given the relative tolerance of the qualifying species of Ailsa Craig SPA to ship movements, the distance between the European site and the National Development, and the availability of large areas of sea for foraging beyond the shipping lanes, no adverse effect on the integrity of the site is predicted from increased numbers of vessels in the Firth of Clyde.

As the precise location for dredging, including waste disposal, or indeed any need for it, is unknown at this stage, it will be necessary to assess in more detail the potential for the impacts associated with these activities to significantly affect the qualifying features of Ailsa Craig SPA, and other European sites, at future stages in the planning process, including at the project level. However, again due to the distance between Hunterston Strategic Asset and the nearest European sites for which the qualifying species rely on marine environment, it is considered very likely that through careful design, timing and siting of dredging activities, adverse effects on European site integrity can be avoided.

In-combination effects can be avoided by ensuring that, wherever possible, shipping routes to different ports in the Firth of Clyde are well defined and consistent across locations, and by making use of existing dredge disposal sites.

With the implementation of mitigation measures it would be possible to deliver Hunterston Strategic Asset with no adverse effects on the integrity of any European site, either alone or in-combination with other currently known plans or projects.

Chapelcross Power Station

This National Development supports the redevelopment of the brownfield site of the former Chapelcross nuclear power station, in Dumfries and Galloway. A range of classes of development are part of the National Development, including commercial, industrial and manufacturing, renewable energy generation, and the production, transmission and transport of low carbon and renewable hydrogen.

Chapelcross Power Station lies within 5km of the Solway Firth and is potentially connected to European sites covering the estuary through surface water flows and due to the potential presence of habitat suitable for non-breeding geese and other waterbirds which may be functionally-linked to several European sites. Industrial facilities may also generate airborne emissions which in accordance with national guidelines require assessment of impacts on European sites up to 15km away (including those in the Solway Firth, and Raeburn Flow SAC and Solway Mosses North SAC, both designated for bogs). There is also the potential for direct hydrological impacts on watercourses which may support lamprey species which are qualifying features of the Solway Firth SAC.

There are currently no known plans or projects which could act in-combination with the Chapelcross Power Station Redevelopment to result in adverse effects on the integrity of any European site.

A range of mitigation measures are available to avoid or minimise the potential impacts which could arise on European sites. There is also likely to be a requirement for detailed air quality modelling and accompanying ecological assessment in order to confirm any air quality impacts on European sites. This is not possible at the NPF stage as it requires detailed design and process information which will not be available until a given scheme is designed in detail for a planning application.

In addition, emissions to air, water abstraction or discharges to the surface water environment would be subject to other environmental legislation and/or specific relevant permitting / licensing processes by SEPA or other regulators. This would ensure no significant effects on potentially impacted qualifying habitats and species, including lamprey.

It is therefore concluded that, with the implementation of mitigation measures and down-the-line assessments, this National Development could be implemented in such a way that no adverse effects on the integrity of any European site would occur as a result of projects brought forward under Chapelcross Power Station Redevelopment, either alone or in-combination with other known plans or projects.

High Speed Rail

This National Development supports the development of infrastructure to improve rail capacity and connectivity of the main cross-border routes – the East and West Coast Mainlines. However, High Speed Rail was screened into appropriate assessment due to reference in the East Lothian Local Development Plan to the potential for new stations at East Linton and Blindwells. All other aspects of this National Development currently have no spatial definition and were therefore screened out during the test of likely significant effects as there is no reason to assume that they cannot be conceived and designed in such a way that they would not impact European sites.

The potential impacts of a new station in East Lothian will largely be determined by its location. However, there are possible pathways for impacts on the European sites covering the Firth of Forth.

In particular, should the location be close to the coast, there is the potential for construction of a new station to result in the loss of functionally-linked habitat used by qualifying species of the Firth of Forth SPA and Ramsar Site and/or the Outer Firth of Forth and St Andrews Bay Complex SPA for foraging or roosting outside of the boundary of these sites.

In addition to the direct loss of functionally-linked habitat, disturbance of birds using such habitat could result in them being displaced, causing the effective loss of this area to these birds. If the new station were to be built very close to the coast (i.e. within 300m), there would be the possibility that construction and/or operation of the new station could disturb and/or displace qualifying bird species within the boundary of the Firth of Forth SPA or the Outer Firth of Forth and St Andrews Bay Complex SPA.

In the absence of an identified location for a new station in East Lothian, and without detailed survey information that will need to be gathered for any planning application once a precise development location is identified, it is not possible at this stage to fully assess the potential effects of the National Development on the Firth of Forth European sites. Further assessment will therefore be required at further stages in the planning process, including at the project level.

However, with the implementation of available standard mitigation, and by designing any station to avoid areas used by qualifying birds of the Firth of Forth European sites, the loss of functionally-linked habitat and/or disturbance and displacement impacts should be avoidable or able to be adequately mitigated. If any residual impact does remain, it is very likely that, given the relatively small area which would be affected, and due to the availability of large areas of alternative habitat across the Forth Estuary, there would be no adverse effect on the integrity of any European site, either alone or in-combination with other currently known plans or projects.