Appendix 12.1: Relevant National and Local Policies and Biodiversity Action Plans

Appendix 12.1: Relevant National and Local Policies and Biodiversity Action Plans 1.1 Introduction 1 This Appendix provides an overview of the international, national and local nature conservation policy framework which has been taken into consideration in the assessment of the effects of the proposed South Kyle wind farm. 2 The study area for the proposed South Kyle wind farm spans the administrative areas of Dumfries & Galloway and East Ayrshire. The potentially relevant biodiversity policies and local plan objectives of each of these local authority areas are summarised below. 3 The rest of this appendix is structured into the following sections: 1.2 - The International and UK Context 1.3 - The Scottish Planning Context 1.4 - Dumfries & Galloway Structure Plan (as adopted 2006) 1.5 - Dumfries & Galloway Stewartry Local Plan (extracts) (adopted 2006) 1.6 - Ayrshire Joint Structure Plan (operated November 2007) 1.7 - East Ayrshire 2010 Local Plan (extracts) 1.8 - Relevant Extracts from Dumfries & Galloway Local Biodiversity Action Plan (revised 2009) 1.9 - Relevant Extracts from the Joint Ayrshire Biodiversity Action Plan (2007-2010) 1.2 The International and UK Context 4 Between 1994 and 2010, the UK Biodiversity Action Plan (UK BAP) was implemented as a response to the Convention on Biological Diversity, signed by 150 countries in 1992. The UK BAP provided lists of priority species and habitats to form the basis of much of the biodiversity work in the countries. There were several objectives, two of which were, and continue to be: To halt the loss of biodiversity and continue to reverse previous losses through targeted actions for species and habitats; and To restore and enhance biodiversity in urban, rural and marine environments through better planning, design and practice. 5 The UK BAP has now been replaced by the 'UK Post-2010 Biodiversity Framework' (July 2012) which covers the period 2011-2020. This is implemented individually by each of the four UK countries. The monitoring of the targets within each of the four UK countries is co-ordinated through the Joint Nature Conservation Committee (JNCC). However, many of the targets outlined in the UK BAP have continued to remain relevant. 6 Within Scotland, the UK Post-2010 Biodiversity Framework is co-ordinated through the Biodiversity Action Reporting System (BARS). This is an online tool Page 1 of 10

which contains the list of priority habitats and species, outlining the target for restoration/enhancement and the mechanisms by which these can be attained. The targets implement the 25 year strategy outlined in 'Scotland's Biodiversity: It's in Your Hands' (Scottish Biodiversity Forum, 2004) which will be extended by the '2020 Challenge for Scotland's Biodiversity' to be published in early 2013. 7 The Ecology ES chapter therefore refers to some ecological receptors as UK BAP priorities; for example, purple moor grass and rush pasture as a UK BAP priority habitat and otter as a UK BAP priority species. 8 The Scottish Biodiversity List (Biodiversity Scotland, 2005) was one of the objectives provided in the 25 year strategy for the conservation and enhancement of Scotland's biodiversity. This list contains four categories of species, two categories of which require conservation action and avoidance of negative impacts. The species lists for which there should be avoidance of negative impacts collate those that already have some statutory protection, both international and national. 9 At a regional local planning scale, the UKBAP is implemented through the Local Biodiversity Action Plans (LBAPs) produced by the Local Planning Authorities. The Nature Conservation (Scotland) Act 2004 places a duty on all public bodies, which includes the Local Planning Authorities, to further the conservation of biodiversity. 10 The LBAPs therefore take cognizance of the UK BAP as well as all internationally and nationally protected habitats and species, and others more through the Scottish Biodiversity List. Each LBAP therefore includes other habitats and species that are important at a more local scale. Relevant sections from the Dumfries & Galloway LBAP and the Joint Ayrshire LBAP are provided in the last two sections of this appendix. 1.3 The Scottish Planning Context 11 Planning is a devolved matter and the overall management is the responsibility of the Scottish Government. Recently, Scottish Government planning policy has been restructured with much of the previous framework of policy documents (SPP1 and a number of National Planning Policy Guidance and Planning Advice Note documents) being replaced by a single Scottish Planning Policy (SPP). The SPP sets out: The Scottish Government's view of the purpose of planning; The core principles for the operation of the system and the objectives for key parts of the system; Statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006; Concise subject planning policies, including the implications for development planning and development management; and Page 2 of 10

The Scottish Government's expectations of the intended outcomes of the planning system. 12 Alongside policy on development plans, development management, community engagement, sustainable development, climate change and sustainable economic growth, the SPP sets out policy on economic development, town centres and retailing, housing, rural development, fish farming, coastal planning, historic environment, landscape and natural heritage, open space and recreation, green belts, transport, renewable energy, flooding and drainage, waste management, minerals, onshore oil and gas operations, surface coal mining and communications infrastructure. 13 The SPP has specific advice on landscape and natural heritage. Sustainable use and enjoyment of landscape and natural heritage is considered a 'Scottish National Outcome'. The aim of the policy is to encourage a broader approach to natural heritage planning, moving from a narrow interpretation centred on protected areas and designations to a broader approach considering ecosystems and natural processes. Planning authorities should promote positive change while protecting and enhancing the character of natural environment. Areas of greater sensitivity should be safe-guarded through local development plans. The policy encourages an emphasis on 'greenspace' and the connectivity of habitats. Detailed guidance covers specific actions such as the disturbance of peat and the release of carbon into the atmosphere. Assessments of cumulative and incremental change should be considered and the 'precautionary principle' should be judiciously applied. 1.3.1 International Designations 14 Development associated with international designations, such as SPAs (Special Protection Areas), SACs (Special Areas of Conservation) or Ramsar sites, must be subject to Appropriate Assessment. This includes development not directly associated with the site but which could affect it indirectly. Development will only be permitted where activities do not affect the integrity of the site, where there are no alternative solutions or where there are overriding economic or social imperatives. If there are no possible alternatives to the development, Scottish Ministers are required to seek compensation measures from the developer to ensure overall coherence within the Natura 2000 network. 1.3.2 National Designations 15 National designations, such as NSAs (National Scenic Areas), SSSIs (Sites of Special Scientific) and NNRs (National Nature Reserves), require the same planning approach. Development can only be approved when there is no direct adverse affect or there are overriding socio-economic arguments. The only exceptions to this are National Parks: the SPP guidelines state that conservation of the natural and cultural heritage should take precedence over any other consideration. Page 3 of 10

1.3.3 Local Designations 16 The SPP has specific guidance on local designations. Local designations can be statutory, such as a Local Nature Reserve (LNR), or non-statutory, such as a Local Nature Conservation Site (LNCS). The aim of local designations is to protect and enhance locally important habitats or landscape, provide access for recreation and tourism and promote local ecological awareness. All designations should be identified and protected within the local authority development plan. The level of protection for these areas is not as high as for international or national sites, but the details of each designation should be identified in any proposed management plan. 1.3.4 Protected Species 17 Various species in Scotland have special legal protection under domestic and European legislation. If there is the potential for a species protected under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) to be present and adversely affected by a development proposal there must be a survey undertaken to confirm their presence and measures agreed to ensure that the development is not detrimental to the maintenance of the favourable conservation status of the population. Any likely impact on the species must be fully considered prior to the determination of the planning application. Planning permission will also not be granted unless the planning authority is satisfied that: there is no satisfactory alternative; and the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment. 18 Following a similar approach to European Protected Species, without appropriate mitigation being agreed in advance planning permission will also not normally be granted for developments that would have an adverse effect on species protected under the Wildlife and Countryside Act 1981 (as amended). 1.3.5 Trees & Woodland 19 The SPP refers to the Scottish Woodland Strategy, which identifies trees and woodland of high biodiversity value as an important 'consideration' in the planning process. The SPP guidelines state that woodland should be identified within development plans, with additional guidance on protection and management. Single and veteran trees and single feature hedgerows should be identified within the planning areas and, where appropriate, connectivity between single features should be enhanced. Reference should be made to the Woodland Removal Policy which identifies woodland removal and compensation planting. Page 4 of 10

1.4 Dumfries & Galloway Structure Plan (adopted 2006) 20 The Dumfries & Galloway Structure Plan (adopted 2006) provides guidelines and constraints for all development proposals in the Stewartry area. Where these are potentially of relevance to this assessment, in an ecological context, they are highlighted below. 1.4.1 General Policies 21 E6 - Conservation of Habitats or Species: When assessing development proposals, the Council will seek to ensure that the impact on any habitat which is valued for its nature conservation interests is fully considered. Particular attention will be given to those habitats and species which are identified in Circular 6/1995, but do not fall within the boundaries of national or international nature conservation designations. Where important nature conservation would be adversely affected, the Council will consider the use of Section 75 agreements to maintain the existing interests or, in exceptional circumstances, encourage the creation of new or replacement habitats, where possible; and Where resources are valuable, the Council will continue to give consideration to the establishment of appropriate management measures, including assisting with the voluntary management of sites, and where appropriate the designation of Local Nature Reserves, in conjunction with other agencies, organisations and local communities, to ensure that nature conservation interests are safeguarded. 1.5 Dumfries & Galloway - Stewartry Local Plan (Extracts) 22 The Stewartry Local Plan (adopted 2006), provides guidelines and constraints for all development proposals. Where these are relevant to the development, in an ecological context, they are highlighted below. The Nithsdale Local Plan describes a range of General Policies; those which relate to the natural environment are described below. 1.5.1 Potentially Relevant Policies 23 GP 46 - Nature Conservation Sites of Local Importance: The Planning Authority will assess development proposals which may affect the nature conservation sites defined on the [Stewartry Local Plan] Proposals Map against the criteria set out in Structure Plan Policy E6. 1.6 Ayrshire Joint Structure Plan (operative November 2007) 24 The East Ayrshire Structure Plan (operative November 2007) provides guidelines and constraints for all development proposals in the East Ayrshire area. Where Page 5 of 10

these are relevant to the development, in an ecological context, they are highlighted below. 1.6.1 Potentially Relevant Policies 25 ENV 5 Woodland and Forestry: Proposals for woodland and forestry will be supported where they are consistent with objectives and key actions of the Ayrshire and Arran Woodland Strategy and consistent with the policies in both the structure plan and local plans. 26 ENV 7 - Natural Heritage Designations: The three Ayrshire Councils will: Recognise international and national natural heritage designations and the statutory protection afforded to them; Support the identification of additional Local Nature Reserves and continue to work with other stakeholders to implement the Ayrshire Biodiversity Action Plan; and Local plans shall include policies based on the Scottish Government Model Policy policies for the protection of all sites of recognised international and national natural heritage importance. 1.7 East Ayrshire Local Plan (Extracts) 27 Potentially relevant extracts from the East Ayrshire 2010 Local Plan are provided below. 28 Policy ENV13 - The protection and enhancement of areas of nature conservation interest within the Local Plan area will be achieved as follows: (iii) development likely to adversely affect local nature reserves and provisional wildlife sites and Regionally Important Geological and Geomorphological Sites (RIGS) (see Appendix 2) will be resisted and all sites of recognised nature conservation value will be safeguarded whenever possible. Where development is approved for such sites, the developer will be required to carry out appropriate measures to conserve and manage, as far as possible, the biological or geological interest of the areas concerned and to provide for replacement habitats or features where damage is unavoidable; and 29 Policy ENV14 - In circumstances where the impacts of a proposed development are uncertain, but there are good scientific grounds for believing that significant, irreversible damage could occur to natural heritage interests of international or national significance, the Council will apply the precautionary principle to avoid such damage occurring. In all cases where a development is proposed within, or has the potential to affect the integrity of, a statutorily designated nature conservation site of international or national importance, the Council will formally consult and seek advice from Scottish Natural Heritage on the proposal. The Page 6 of 10

impact of each development proposal will be assessed on its own merits against the particular nature conservation interests of the site concerned. 30 Policy ENV18 - The Council will actively seek to preserve and supplement existing broadleaf and native tree species throughout East Ayrshire. In particular, the Council will: (i) strongly encourage the protection and positive management of remaining areas of ancient and semi-natural woodland. The retention and positive management of existing hedgerows and any proposals for new hedgerow planting will be supported; (i) protect those individual, groups and areas of trees which contribute significantly to the landscape quality of both the built and rural environment, through the serving of Tree Preservation Orders; (iii) encourage the development of Community Woodlands within, in close proximity to, and forming linkages between, area settlements; (iv) where considered appropriate, encourage tree planting of broadleaf or native species at the approaches to the built up areas and along strategic and tourist route corridors throughout the area; and (v) encourage individual landowners to increase the amount of amenity, particularly broadleaf and native tree species on their land. 31 Policy ENV24 - The Council will presume against any developments which: (i) have an adverse effect on the water environment by increasing levels of pollution or detrimentally impact upon water quality, aquatic habitats for wildlife or recreational amenity; and (ii) have an adverse effect on groundwater or major aquifers. The Council supports the source control and passive treatment measures recommended by the Scottish Environment Protection Agency in its Guide to Sustainable Urban Drainage and will support new developments with innovative methods of surface water disposal and treatment which meet the standards of SEPA and the Water Authority. Where necessary, the Council shall require applicants to submit supplementary drainage information to assist in the determination of planning applications. 1.8 Potentially Relevant Extracts from Dumfries and Galloway Local Biodiversity Action Plan (revised 2009) 32 Priority Action Plans for River Habitats and Key Objectives: River Headwaters (RH1) - Encourage semi-natural habitat on the banks of river head waters by fencing (or planting, where necessary) to encourage regeneration of semi-natural habitats; Waterfalls (WF1) - Raise awareness of the biodiversity importance of waterfalls, by producing a guide to waterfalls in Dumfries & Galloway; and Upland springs and flushes (USF1) - Monitor the quality of springs and flushes in the uplands of Dumfries & Galloway. 33 Priority Action Plans for Grasslands and Heathland Habitats Key Objectives: Purple Moorgrass and Rush Pastures (PMG1) - Determine the extent, distribution, composition and status of Purple Moorgrass and Rush Pastures in Dumfries & Galloway; Page 7 of 10

Purple Moorgrass and Rush Pastures (PMG2) - Restore Purple Moorgrass and Pastures; Acid Grasslands (AG1) - Restore lowland dry acid grasslands; Inland Rock Outcrops (IRO1) - Expand population of rare and scarce species on inland rock outcrops; Montane Moss-Heaths (MMH1) - Reduce grazing pressure on montane moss heaths, where this is considered necessary; and Upland Heaths (UH1) - Restore an extensive are of upland heath for biodiversity. 34 Priority Action Plans for Forest Habitats and Key Objectives: Conifer Plantations (CP1) - Identify conifer plantations that could be converted to broadleaves as part of a forestry habitat management network; Conifer Plantations (CP2) - Extend areas of long-term retention within conifer plantations; Broadleaved and Mixed Plantations (BMP1) - Identify suitable locations for new broadleaved plantations as part of a forest habitat network; Forest Roads & Rides (FRR1) - Raise forest managers awareness of the importance of forest roads and rides for biodiversity and how best to manage them; and Forest Ponds (FP1) - Assess the distribution and importance of forest ponds in Dumfries & Galloway, by mapping their locations and carrying out sample surveys. 35 Priority Action Plans for Peatland Habitats and Key Objectives: Fens (FE1) - Examine the potential for the enhancement and restoration of fens on a catchment scale, as part of a mosaic wetland habitat; and Blanket Bogs (BB1) - Restore degraded blanket bogs through the blocking of moorland grips and drains, especially on designated sites, or those close to designated sites. 36 Priority Action Plans for Native Woodlands and Key Objectives: Native Wet Woodlands (NWW1) - Restore native wet woods on forested sites, giving priority to woodland sites that connect wetland or woodland of high biodiversity value; Native Wet Woodlands (NWW2) - Expand native wet woods; Page 8 of 10

Native Ash Woods (NAW1) - Restore plantations of native ash woodland; Native Ash Woods (NAW2) - Expand native ash woods in areas of currently low biodiversity and archaeological importance, but that have the potential to link existing woods, especially ancient woodlands Native Oak Woods (NOW1) - Restore plantations of ancient oak woodland sites; Native Oak Woods (NOW2) - Expand upland native oak woods in areas of biodiversity and archaeological importance and that have the potential to link existing woods; Native Birch Woods (NBW1) - Restore plantations on ancient birch woodland sites; Native Birch Woods (NBW2) - Expand upland native birch woods in areas of low biodiversity and archaeological importance; Scrub Woods (SW1) - Promote the value of scrub woodland for biodiversity; and Montane Scrub (MS1) - Establish areas of montane scrub in Dumfries & Galloway. 37 Species Statements and Opportunities: Fungi & Lichen Manage fungi and lichen habitats appropriately, including minimum disturbance to soils, minimising nutrient enrichment and pollution and retaining a full range of dead wood habitats. Habitat is the only long term, secure way of ensuring the conservation of most species. Flowering Plants Encourage developers, land managers and planners to recognise the importance of biodiversity and develop a unified approach to the natural environment. Invertebrates Take the requirements of invertebrates into account in habitat management work Manage sites to create a mosaic of habitats and a varied vegetation structure Fish Page 9 of 10

Improve habitat management of river catchments and coastal areas. This should include habitats that area some distance from water, but may have an impact Mammals Take account of mammal requirements in habitat management 1.9 Relevant Extracts of the Joint Ayrshire Biodiversity Action Plan (2007-2010) 38 Water Vole SPW1 To establish the extent of populations in the upper reaches of the Stinchar catchment, based on data from the 2006 survey SPW2 To establish the condition and potential of riparian, marshland and bog habitats within the areas identified as occupied by water voles and to identify the treats to them SWP3 To improve the riparian and/or wetland habitats within the areas currently occupied by water voles SWP4 To monitor and report on the current population of water voles in the Stinchar catchment, both within and without such areas SWP5 To establish the extent of the other water vole populations in Ayrshire, based on surveying any sites where voles have been reported recently 1.10 References Biodiversity Scotland (2005). Scottish Biodiversity List. Available online at http://www.biodiversityscotland.gov.uk/ JNCC and Defra (on behalf of the Four Countries Biodiversity Group). 2012. UK Post- 2010 Biodiversity Framework. July 2012. Available online at http://jncc.defra.gov.uk/page-6189 Scottish Executive (2004). Scotland s Biodiversity It s in your hands. Available online at http://www.scotland.gov.uk/resource/doc/25954/0014583.pdf SNH (2007). A Five Year Species Action Framework: Making a Difference for Scotland s Species. SNH, Perth. Available online at http://www.snh.org.uk/pdfs/species/species%20action%20framework.pdf Page 10 of 10