Renewable Energy A Proven Track Record for Delivering Biodiversity Offsetting development and implementation of an approach in Scottish Borders

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1 Renewable Energy A Proven Track Record for Delivering Biodiversity Offsetting development and implementation of an approach in Scottish Borders IEEM Conference Renewable Energy and Biodiversity Impacts Cardiff 8 th November 2012 Andy Tharme Ecology Officer Scottish Borders Council 1 Keith Robeson Photography

2 1. Background 2. Why we did it 3. How we did it- Developing the mechanism: the process 4. Further implementation- where 5. Benefits and risks- what we have learnt 6. Sharing Good Practice 7. Next steps Opportunities and Improvements 2

3 Biodiversity offset Biodiversity offsetting is the delivery of measurable conservation outcomes to compensate for the residual ecological impacts of development. A Consultation on the 2020 Challenge for Scotland s Biodiversity 3

4 National Initiatives DEFRA biodiversity offsetting 2 years pilot schemes from April 2012 Guidance documents A Consultation on the 2020 Challenge for Scotland s Biodiversity natural/biodiversity/uk/offsetting/ 4

5 Justification for offsets is within existing planning policy and local biodiversity policy Scottish Planning Policy - SPP 126 : Where possible, planning authorities should seek benefits for species and habitats from new development including the restoration of degraded habitats All public bodies, including planning authorities, have a duty to further the conservation of biodiversity under the Nature Conservation (Scotland) Act 2004, and this should be reflected in development plans and development management 130: Development plans should identify and promote green networks where this will add value to the provision, protection, enhancement and connectivity of open space and habitats in the city regions and in and around other towns and cities. Lochs, ponds, watercourses and wetlands also form valuable landscape features, recreational resources and wildlife habitats and should be protected and enhanced wherever possible both as part of developments and green networks. 5

6 Structure Plan and Local Plan policy Structure Plan Policy- Policy N5 Local Biodiversity Action: aim to ensure no net loss of biodiversity through careful control of developments Local Plan policy NE3 Local Biodiversity-mitigation measures aimed at ensuring no net loss will be sought, including creation of new habitats, in accordance with Policy G5 Developer Contributions. Looking ahead SESPlan Main Issue Report Green Network 7.89 develop a policy for the development, protection and enhancement of green network, blue network and other habitat networks. Scottish Borders Local Development Plan 6

7 Supplementary Planning Guidance for biodiversity p17, p46 Section 69 agreement Local Government Scotland Act 1973 or Section 75 agreement Town and Country Planning (Scotland) Act 1997 Measures for mitigation and compensation may include: retention or restoration of key habitats and features on the development site creation of new habitats on or off site appropriate management and aftercare of habitats on or off site provision of access for education and awareness 7

8 2. Why we did it Renewable energy developments- Scottish Borders 8

9 2. Why we did it Langhope rig wind farm

10 3. How we did it 5 key steps of the Borders biodiversity offset mechanism EIA or EcIA requirement for offset identified Negotiation agreement on offset measures and costs Legal agreement- s75 or s69 Legal agreement between Planning authority and LBAP partner to deliver offset Implementation of works to deliver offset to an agreed timetable Policy framework Ecology officer Support of Planning officers. Receptive developers Legal Services support Ecology officer Developers LBAP Partners 10

11 Implementation 3. How we did it Black grouse leks core areas Langhope Rig Central Southern Uplands Black grouse project Costings based on agri-environment rates Non-SRDP- Complimentary measures, heather swiping, Muirburn, fence marking Bracken control, Wild bird cover Scottish Rural Development Programme (SRDP) measures - Collaborative applications Multi-benefits links to Selkirk Flood Protection Scheme 11

12 Langhope rig Central Southern Upland black grouse project 12

13 Langhope rig Central Southern Upland black grouse project 13

14 4. Further Implementation Gala water natural flood management Dunlaw Extension Zone of Visual Influence 14

15 Dunlaw extension wind farm habitat offset scheme-natural flood management Tweed Forum 15

16 Dunlaw extension wind farm habitat offset scheme Tweed Forum 16

17 Crystal Rig 2 wind farm Lammermuir black grouse recovery project 17

18 Biodiversity offset schemes in Scottish Borders 5. Cowieslinn 3. Crystal rig 2 8. Fallago Rig 2. Dunlaw extension 6. Toddleburn 7. Halkburn 4. Glenkerie 1. Langhope rig 600k in developer contributions 18

19 Examples of Habitats created/enhanced and leverage Development Offset scheme Partners with SBC Developer contribution ( ) Additional SRDP ( ) Total habitat Enhanced/ created (ha) (target) Dunlaw extension Wind farm Galawater natural flood management ( ) Tweed Forum Scottish Power Renewables 42k 247k 58 (25) Langhope rig Wind farm Central Southern Uplands Black Grouse ( ) Borders Forest Trust Southern Upland Partnership RSPB 92k 1.81M 18,390 (100) SSE Crystal Rig 2 Wind farm Lammermuir Black grouse ( ) East Lothian Council GWCT Natural Power 120k 1.38M 11,760 (36) 19

20 5. Benefits Mainstreaming biodiversity into planning (tested at public inquiry, recent planning award) Successful implementation at a landscape scale Multi-benefits e.g. natural flood management, diffuse pollution control Achieving LBAP Objectives through successful partnerships Support to LBAP Partners Leverage of additional resources Demonstration sites- Scottish Government, SEPA, SAC 20

21 5. Risks Compensation- like for like? Liability to planning authority? Long term sustainability use of covenants? Costings management fee, maintenance costs Monitoring outcomes Capacity SRDP risk no guarantees 21

22 Checklist of essentials for an offset provider- a self-assessment of the Scottish Borders Council model Areas have a strategy for offsetting Offsets need to last at least as long as development s impacts Offsets deliver additional expanding (recreating) or restoring habitat Does price for biodiversity units reflect uncertainties of habitat creation and long term management X X LBAP, Scottish Borders Woodland Strategy, Tweed Catchment Management Plan, Tweed Wetland Strategy, RBMP, Flood Protection Schemes Woodland and scrub creation- Yes, Other habitats-no Short-term have created significantly more habitat than target Significant leverage of additional resources Earlier approach to costings can be improved Long term management & monitoring requirements to be improved Guidance for Offset providers. Natural England, DEFRA March

23 6. Sharing Good Practice Scottish Awards for Quality in Planning commendation Environment/planning/National-Planning- Policy/awards Scottish Planner Dec South Lanarkshire Biodiversity Partnership Renewables and minerals conference Sept 2012 Southern Uplands Partnership event for Planning Authorities in south Scotland- February 2012 Scottish Biodiversity Strategy Conferences in 2010 and

24 7. Next steps - Opportunities and Improvements Covenants with land managers- e.g. the West Country River Trust approach FCS/ SG Policy on the Control of Woodland Removal Further UK and Scottish Policy and guidance revised Scottish Biodiversity Strategy, DEFRA projects Development of markets for biodiversity credits, habitat banking? 24

25 Thank you to our project partners Keith Robeson Photography RSPB Scotland rspb-images.com Borders Forest Trust Cemex East Lothian Council Fred Olsen Renewables/Natural Power Game & Wildlife Conservation Trust Infinis North British Windpower/ Wind Prospect Scottish & Southern Energy Scottish Power Renewables Southern Upland Partnership Tweed Forum 25