Item5Appendix2HRA20210115PPP
CAIRNGORMS NATIONAL PARK AUTHORITY Planning Committee Agenda Item 5 Appendix 2 24/09/2021
AGENDA ITEM 5
APPENDIX 2
2021/0115/PPP
HABITATS REGULATIONS APPRAISAL
HABITATS REGULATIONS APPRAISAL
Planning reference and proposal information | 2021/0115/PPP, Erection of four houses and associated infrastructure, land 35M South of The Snipe, 3 Deshar Court, Boat of Garten |
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Appraised by | Emma Bryce — Planning ManagerNina Caudrey – Planning OfficerAlan Atkins — Planning Officer |
Date | 13/05/2021 |
Checked by | Hayley Wiswell |
Date | May 2021. |
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INFORMATION
European site details
Name of European site(s) potentially affected | Abernethy Forest SPA’ |
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Qualifying interest(s) | Breeding: capercaillie, osprey and Scottish crossbill |
Conservation objectives for qualifying interests | To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; andTo ensure for the qualifying species that the following are maintained in the long term:Population of the species as a viable component of the siteDistribution of the species within siteDistribution and extent of habitats supporting the speciesStructure, function and supporting processes of habitats supporting the speciesNo significant disturbance of the species |
It is recognised that effects on capercaillie at any one of the Badenoch and Strathspey capercaillie SPAs or associated woodlands shown on the map in Annex I has the potential to affect the wider capercaillie metapopulation of Badenoch and Strathspey. Attention has been focused in this HRA on the woods likely to be used regularly for recreation by users of the proposed development site, which in this case are Abernethy Forest SPA (woods K and L on the map) and the associated Boat woods (wood J on the map). Other capercaillie SPAs and woods were considered during the initial phase of the assessment (see Annex I question 3) but detectable effects were ruled out, so they have not been included in this HRA. If however the HRA had concluded an adverse effect on site integrity, or required mitigation, then all of the capercaillie SPAs in Badenoch and Strathspey would have been reassessed in relation to potential effects on the metapopulation.
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APPRAISAL
STAGE 1: | |
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What is the plan or project? | |
Relevant summary details of proposal (including location, timing, methods, etc) | Proposal for four houses and associated infrastructure in woodland immediately adjoining existing homes and infrastructure in the settlement of Boat of Garten — planning permission in principle, including removal of around 50 trees at the edge of the woodland to accommodate the development. |
STAGE 2: | |
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Is the plan or project directly connected with or necessary for the management of the European site for nature conservation? | No |
STAGE 3: | |
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Is the plan or project (either alone or in-combination with other plans or projects) likely to have a significant effect on the site(s)? | Capercaillie — there is a risk of LSE from the potential long term disturbance through increased human activity by the addition of the occupants of the proposed housing – as explained within Annex 1.Osprey – no LSE as this species do not use the affected woodland habitat which is remote from the SPA.Scottish crossbill a number of Scots Pine trees will be removed for the development, however these are on the edge of a much larger area of pine woodland outwith the SPA, and are unlikely to be significantly used by this species due proximity to existing houses and paths, therefore there will be no LSE.Osprey and Scottish crossbill are therefore not considered further in this assessment. |
STAGE 4: | |
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Undertake an Appropriate Assessment of the implications for the site(s) in view of the(ir) conservation objectives | Distribution of the species within the site:The distribution of capercaillie within the site will not be affected as additional use of woods (described in Annex I) is not likely to result in additional off path activity, therefore this conservation objective will be met.Distribution and extent of habitats supporting the species; Structure, function and |
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supporting processes of habitats supporting the species: | There will be no effect on the structure, function or supporting processes of the habitats supporting capercaillie as a result of the proposed development, therefore this conservation objective will be met. |
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No significant disturbance of the species | See Annex I for detailed assessment. In summary, there should not be additional disturbance to capercaillie over and above what is already occurring through use of existing routes in woods J, K and L. Therefore this conservation objective can be met. |
Population of the species as a viable component of the site: | As the other conservation objectives can be met, the population of capercaillie should not be affected and so this conservation objective will be met.In conclusion, all conservation objectives can be met. |
STAGE 5: | |
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Can it be ascertained that there will not be an adverse effect on site integrity? | Yes, as all conservation objectives are met it is possible to conclude that there will not be an adverse effect on site integrity. |
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Annex I
2021/0115/PPP Erection of four houses, land 35M South of The Snipe, 3 Deshar Court, Boat of Garten | |
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QI. Is the proposed development likely to change levels of human activity or patterns of recreation around the proposed development/associated settlement? | No. There is existing high levels of recreational (including walking, running, cycling and dog walking) use by both residents and visitors to the village on existing paths and tracks in Boat woods (referred to as Loch Vaa, woods J, on the capercaillie woods map in Annex I, taken from the HRA of the 2021 LDP) connected to the proposed development site. There is no reason to believe that the addition of the occupants of 4 houses in this well used location would change the existing levels or patterns of recreation.The addition of the occupants of 4 houses to existing levels of recreation activity (including dog walking) in other capercaillie woodlands would not change the level of activity or patterns of recreation in those woods. |
QI: This and Q2 are included as screening questions to filter out any developments that aren’t likely to have changed levels or patterns of recreation. | |
Q2. Are capercaillie woods significantly more accessible from this development site than from other parts of the associated settlement? | No. There are a variety of well used access points into Boat woods from Boat of Garten village and elsewhere (eg via routes from the A95 by Loch Vaa, and from the section of the Speyside Way between the village and Aviemore) as shown on the figures below, extracts of a promoted routes leaflet http://www.boatofgarten.com/o/wp-content/uploads/2011/09/Boat-of-Garten-walks-map.pdf. Other informal but well used routes also exist in the woods but are not marked on the maps. The closest existing access point is adjacent to the proposed development, at the end of the Strathspey Park cul de sac, which connects to existing and well used paths into the woodlands that radiate out in a variety of directions. This access point is also the furthest from the lek within the woods.There are also existing promoted routes from the village into Garten woods (woods K in Annex I), shown in the second figure below, although again other well used connecting tracks and paths are not shown on the map but are well used by residents and visitors — in practice, the red and green routes on the below map are connected by well used paths and tracks through where the yellow text box is, creating a longer distance route accessible from Boat of Garten either on foot, bike or by driving the short distance to the car park off the B970. |
Q2: This is included to ensure the effect of otherwise small-scale development sites particularly close to capercaillie woods are adequately considered. Evidence from settlements in Strathspey where houses are adjacent to woodlands indicates that networks of informal paths and trails have developed within the woods linking back gardens with formal path networks and other popular local destinations (eg primary schools). Such paths are likely to be used by visitors. |
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Avie Lochan Loch man Carraigean BOAT OF GARTEN A9 Kinveachy Loch Vaa To Carrbridge 3 miles Deishar Wood Chapelton 7 red squirrel V feeding station 7 A95 sawmill Milton River Spey BOAT OF GARTEN P Community Hall Fairy Hill 大 Garten Bridge Speyside Way Strathspey Railway golf course B970 The Yard Strathspey Railway Wester Dalvoult River Spey Auchgourish Gardens Street of Kincardine P To Aviemore 2 miles Speyside Way Lochan Dhu Loch Dallas Please be responsible when using the paths. Take particular care during dry weather not to accidentally start a forest fire. At certain times of the year you may be asked to keep dogs on leads to avoid disturbing rare ground nesting birds or farm animals. B970 7 NORTH road track path toilets 大 car park P bus stop viewpoint 4 all-abilities trail & 7 one mile National Cycle Route one kilometre River Spey Garten Bridge Speyside P Way Strathspey Railway golf course B970 Help 1st April 15th August us protect ground-nesting birds Please keep your dog on a Tead River Spey Millfield Street of Kincardine Based on Ordnance Survey mapping with the permission of the Controller of Licence Number 100040965, Map and text © 2010, HMSO, Crown Copyright 2010, All rights reserved, Ordnance Survey Speyside Way P Loch Garten RSPB The Osprey Centre P Loch Mallachie Abernethy National Nature Reserve
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If QI & Q2 = No, conclusion is no significant disturbance to capercaillie and assessment ends here | |
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If QI or Q2 = Yes, continue to Q3 | |
Q3. Which capercaillie woods are likely to be used regularly for recreation by users of the development site at detectable levels?(list all) | Due to the small number of additional people that would occupy the proposed houses in comparison to existing levels of use, the additional regular use of the below woods by occupants of the proposed housing would not be at detectable levels.People from the proposed development are likely to use, on the map in Annex I:Direct access and connectivity to Loch Vaa – woods J (referred to as Boat woods in this assessment). Boat woods are not part of a SPA, but are an important location for the Badenoch and Strathspey capercaillie SPAs metapopulation.Garten woods – woods K, which is part of the Abernethy Forest SPA for capercaillie (as well as osprey and Scottish crossbill).It is reasonable to expect people to also visit other areas popular for recreation, such as Kinveachy and Glenmore (woods L, M, N and O in Annex I). However, the level of additional activity, even in the very unlikely event that all the households went to the same place at the same time, would be undetectable compared to existing levels of use. |
Q3: This is included to identify which capercaillie woods are likely to be used for recreation by users of non-housing development sites at levels that would be detectable. The answer will be assessed using professional judgement based on knowledge of existing patterns of recreation around settlements and in the local area, the relative appeal of the capercaillie woods concerned compared to other recreational opportunities in the area, the volume of recreational visits likely to be generated by the development site, and informed by national survey data (eg on the distances people travel for recreational visits).Continue to Q4 | |
Q4. Are residents / users of this development site predicted to undertake any off path recreational activities in any of the woods identified at Q3 at detectable levels? | No. There is no reason to believe that the occupants of the proposed houses would not follow existing patterns of behaviour and use existing paths and tracks for recreation and dog walking. |
Q4: This is included because any off path recreational use in capercaillie woods will result in significant disturbance and require mitigation.If Q4 = No for any woods, continue to Q5If Q4 = Yes for any woods, mitigation is needed. Note and continue to Q5. | |
Q5: Are each of the woods identified at Q3 | Yes. See answers to questions I and 2. |
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already established locations for recreation? | |
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Q5: This is included because if users of the development site are likely to access previously infrequently-visited capercaillie woods, or parts of these woods, for recreation, significant disturbance is likely and mitigation is needed. This will be answered on the basis of professional knowledge.If Q5 = No for any woods, mitigation is needed. Note and continue to Q6.If Q5 = Yes for any woods, continue to Q6 | |
Q6: For each of the woods identified at Q3, are users of the development site predicted to have different temporal patterns of recreational use to any existing visitors, or to undertake a different profile of activities?(eg. more dog walking, or early morning use) | No. The woods are already well used at a variety times of day for walking, running and cycling, as well as dog walking, by both residents and visitors to the village. The occupants of the proposed housing are unlikely to undertake a different temporal pattern or profile of activities compared to existing use. |
Q6: This is included because some types of recreation are particularly disturbing to capercaillie; and increased levels of these types of recreation will cause significant disturbance and require mitigation. This will be answered on the basis of professional knowledge on existing patterns of recreational use and whether each location is sufficiently close and/or convenient in relation to the development site and patterns of travel from there, to be used by users of the development for different recreational activities or at different times of day. For example, capercaillie woods with safe routes for dogs that are located close to development sites are likely to be used for early morning &/or after work dog walking.If Q6 = yes for any woods, mitigation is needed. Note and continue to Q7If Q6 = No for any woods, continue to Q7 |
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| Q7: For each of the woods identified at Q3, could the predicted level of use by residents / users of the development site significantly increase overall levels of recreational use? | No. While occupants of the proposed housing are likely to use Boat woods and other capercaillie woodlands as identified in question 3, due to the small number of houses proposed and the existing levels of use of the woods, the addition of 4 houses in the proposed location would not significantly increase the overall levels of recreational use.Since the 32 house Pinewood development was consented in 2014, a further 24 dwellings have been granted consent in Boat of Garten (see below information). Using the 2.07 occupancy rate applied for the LDP (in the absence of a robust alternative), this amounts to an additional 50 people. When added to the 32 houses consented at Pinewood, this would result in an overall population increase of 125. Adding a further 9 people to this from the proposed development does not cause a significant increase in the additional population that would arise from already consented and the Pinewood housing (125 people compared to 116).The Pinewood development consists of 30 houses (built and in occupation for a number of years) and two self-build plots (subject to separate planning consent, which has been granted). Anecdotal evidence is that while there has been an increase in activity on paths accessed in the vicinity of the Pinewood development, this has not resulted in a detectable change in the pre-existing patterns and types of recreation activity (including dog walking) in Boat woods (or in capercaillie woods elsewhere). This has been confirmed by RSPB who advise that the capercaillie “have remained relatively stable in population between 2015 – 2021. There has been some slight fluctuations in the lek count and brood count results, which is typical in capercaillie surveys, but there is no apparent trend.” (RSPB pers comm). This is based on lek and brood counts, as well as two full occupancy surveys completed in 2017 and again in 2020, using the same methods, where a similar number of birds were seen in both surveys. The birds were roughly using the same area, as they continue to avoid the forest closest to the village. This is expected as the forest closest to the village is where the greatest concentrations of human activity, particularly dog walking, occurs.Cumulative proposals granted consent within Boat of Garten since Pinewood (30 houses and 2 house plots, granted October 2014):20/01888/FUL two semi detached houses behind house neighbouring Fraoch Lodge, granted Sept 202020/00719/FUL, Erection of house, 16 Pinewood Road Boat Of Garten PH24 3BF (behind recycle bin car park) (part of original Pinewood permission so not counted as is already included as part of Pinewood figures)Sawmill houses – 12, February 2020 | | Q7: This is included because a significant increase in recreational use could result in significant disturbance to capercaillie, even in situations where the capercaillie wood is already popular for recreation, and no changes to current recreational patterns / activities or off path activities are predicted. The answer was assessed on the basis of professional judgement of current levels of use and whether the increase is likely to be more than approximately 10%. | |
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— 18/05435/FUL Erect new house within garden ground (REVISED SCHEME 18/03290/FUL) Land 30M SE of 6 Strathspey Park Boat Of Garten Jan 2019 | |
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— 18/01051/FUL Change of use of outbuilding to form self contained residential unit and erection of extensions (part retrospective) Fairlawn Kinchurdy Road Boat Of Garten PH24 3BP May 2018 | |
— 17/01593/FUL Erection of house (Plot 7) 14 Pinewood Road Boat Of Garten June 2017 (part of original Pinewood permission so not counted as is already included as part of Pinewood figures) | |
— 16/01884/FUL Erection of two semi-detached houses Land 55M SW Of Spey View Deshar Road Boat Of Garten Jan 2017 | |
— 2018/0173/PPP Demolition of existing shop and café and erection of 6 new housing units and associated car parking and cycle storage Dow Store And The Osprey Café Deshar Road Boat Of Garten Nov 2018 | |
Total of 24 dwellings, apply 2.07 occupancy = additional 50 people on top of additional 67 people associated with Pinewood development. | |
Proposed 4 dwellings would add additional 9 people to this figure, so would be 125 people compared to 116 people with existing permissions. | |
If Q4‑7 = No for all woods, conclusion is no significant disturbance to capercaillie and assessment ends here | |
If Q4, 5, 6 and/or 7 = Yes for any woods, mitigation is needed | |
Conclusion: Is mitigation needed as a consequence of this development site in relation to each wood listed at Q3? | None required. |
Reasons mitigation needed: | n/a |
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Badenoch and Strathspey capercaillie woodlands A North Grantown B Castle Grant & Mid Port C Tom an Aird Anagach Woods D E [ Anagach Woods SPA] Slochd F North Carr-Bridge G Drochan & Drumuillie Craigmore Woods H J K [ Craigmore Woods SPA] Kinveachy Forest [ Kinveachy Forest SPA] Loch Vaa Garten Woods [ Abernethy Forest SPA] L Forest Lodge North Rothiemurchus M [ Cairngorms SPA] SUNTAINS N South Rothiemurchus O Glenmore P Inshriach Dim an Q Uath Lochans area Пресвет 919 Came Gommon Advin Upper Auchnazalling Dorraid Leftoch A95 Glaschoil BRICA 0 Geag Liath 075 449 Mains of Cottartow Camerary AB Del C Dalvey Drumin Glenlive Shanvil 856 Cam Gas-chore Auchbreck Boirm Dreggle Alex Glenbeg Gromadale 471 ED Acinaliennet GRANTOWN- ON-SPEY Soe Craggan Haupts of Dalmain A938 Bridge bridge Congests 685 Duthit A939 Opmaale HELS OF CROMDALE Desallery Strata Ago Detllery 547 F Skye Lynemers 722 Sinchd A9 of Cam Guyan Lochanhully aChase Invorlaidina ய Carrbridger Droetbid Char G H Spr A95 Gaathe Bridge of 10 Nethy Bridge Dirdi Brown T Bremallis Cullachie Sliemara 14 Birchheld Speyside Way 89002 Zath Cam Tamravoulin Damh Auchnartaw Clashnor Gries of Glentant Chapeltawn Dainahaitnach Last Grof Kee Leftoch 586 Mil’os T Lodge Boat of Badoocde 531 Tomintoul Beion Groslie reachy Tomat College of Scalan Ga Lodder Hills Som All Largy J Barten Forest 678 331 Avielochan P Aundorach Tore H Tulloch Forest Lodge Auchgourish DorRack Bath Praes of Suidhe Moon 604 Delmaho Deba Can Motonach Abermetty Farraru Water of Alisack Cam La Blairmamarron A939 792 The Sezach 718 Glen Markie Crathie Capercaillie woodland in Badenoch and Strathspey. A Bahba Morument 541 5plybank wege Hour D MND 929 A9 Feshiebridge Cam 17 245 Davg Farte Balmespi 823 Creag Lynchat Inshriach Soutin cost Top an Love KINGUSSIE Forest 545 Kinsh Rive Freer Newtonmore Ale Madsgain Marg 832 Gen Banchor Drumguish Rutfwen Ruthven Barracks Crong Glentromie Chomiralg Cage Dhabh Creag nam Bodach 491 Centrum Laggan Balgowan House A86 Lynaberack Lodge romie Tromie Lodge Gen Feshie Wer festhe Moall +627 Busdhe Aviemore Davaher 447 Miull Ce-chain Mir M idge 800 Chestar Gal 803 oune wwer’s Fanut Inverdru The Folchar 192 Secret Nothiemureme Moxtich GLEN Pangim Byrack Caste Hanicular 1080 Brig V balar Mor 1151 721 CAIRN GORM 904 702 711 Cray Gay Talessia Отведат Лоли Want 712 Whir Ses Chan 1673 Cock Cartne Fatonlarge Bridge Cole Carifa GLEN GON Delsadasp Cergarf Tomah 718 CAIRNGORMS 704 600 The Brusch Forest of GlenEVOW NATIONAL PARK Cain Lea Sep Geal-chan Lochan Sgöran 920 Dubh Mor Stanna Lange 970. 1108 Braeriach 1184 1309 1295 1115 loch Lincol Spor 1265. 1266 Auchlean 1049 Gaoch Cara 1291 Cam né Criche 110 Cairn Toul Verry Casieregerm Bàn Môr 1216 990 Mesl Tom Dubh 918 1007 1337 Dubhag The Devil’s Carm Moradh Parg a Mhim Stone CAIRNGORM Cavia 1215 Shdter och Beirn BarCam 144 Suchd Leal an 1002 1182 a Chaorem 1104 Daimh Bhuiche 1171 1120 Loy 1082 ‑083 chadhin 1198 BEN AVON 1106 MOUNTAINS BEN MACDUI 155 381 Derry Bun 900 927 Belon Bhreac BEINN A’BHUIRD Dubh- Ghleann 1179 Calm Eas C84 900 863 Colardoch 1127 Creag an Dal Bheag Riwer Gelm Grimstre Lodge 5 Goghe Co WuchHoter parda Bar Kilometers Abergelfie Meall Balnaut Mains of CRETE FRA 618 Drachaide 100040965 Cairngorms National Park Authority Nature Scot Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2018. All rights reserved. Ordnance Survey Licence number page 11 of 11