Item5Appendix2HRADalfaberFarmhouse20210390DET
CAIRNGORMS NATIONAL PARK AUTHORITY Planning Committee Agenda Item 5 Appendix 2 26/08/2022
AGENDA ITEM 5
APPENDIX 2
2021/0390/DET
HABITATS REGULATIONS APPRAISAL
HABITATS REGULATIONS APPRAISAL
Planning reference and proposal information | 2021/0390/DET Demolition of derelict farmhouse and erection of house, Dalfaber Farm, Dalfaber Drive, Aviemore |
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Appraised by | Nina Caudrey – Planning Officer |
Date | 7/12/2021 |
Checked by | NatureScot |
Date | 11/02/2022 |
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INFORMATION
European site details | |
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Name of European site(s) potentially affected | 1. Kinveachy Forest SPA’ 2. River Spey SAC |
Qualifying interest(s) | 1. Breeding — capercaillie and Scottish crossbill 2. Atlantic salmon, fresh water pearl mussel, sea lamprey and otter |
Conservation objectives for qualifying interests | |
1. Kinveachy Forest SPA: | |
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; and To ensure for the qualifying species that the following are maintained in the long term: Population of the species as a viable component of the site Distribution of the species within site Distribution and extent of habitats supporting the species Structure, function and supporting processes of habitats supporting the species No significant disturbance of the species | |
2. River Spey SAC: | |
Conservation Objective 2. To ensure that the integrity of the River Spey SAC is restored by meeting objectives 2a, 2b, 2c for each qualifying feature (and 2d for freshwater pearl mussel): 2b. Restore the distribution of freshwater pearl mussel throughout the site 2c. Restore the habitats supporting freshwater pearl mussel within the site and availability of food |
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 Kinvechie Forest SPA and the associated Boat of Garten, Loch Garten, Glenmore and Rothiemurchus woods (woods I, J, K, L, M, N and O 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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2d. Restore the distribution and viability of freshwater pearl mussel host species and their supporting habitats 2a. Restore the population of freshwater pearl mussel as a viable component of the site 2b. Maintain the distribution of sea lamprey throughout the site 2c. Maintain the habitats supporting sea lamprey within the site and availability of food 2a. Maintain the population of sea lamprey as a viable component of the site 2b. Restore the distribution of Atlantic salmon throughout the site 2c. Restore the habitats supporting Atlantic salmon within the site and availability of food 2a. Restore the population of Atlantic salmon, including range of genetic types, as a viable component of the site 2b. Maintain the distribution of otter throughout the site 2c. Maintain the habitats supporting otter within the site and availability of food 2a. Maintain the population of otter as a viable component of the site | |
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Conservation Objective I. To ensure that the qualifying features of the River Spey SAC are in favourable condition and make an appropriate contribution to achieving favourable conservation status |
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APPRAISAL
STAGE 1: What is the plan or project? | |
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Relevant summary details of proposal (including location, timing, methods, etc) | The proposed development is part of the site allocated as H2 in the 2021 LDP, which has consent for up to 83 dwellings over a larger area than the proposed development site. The proposed development is an amendment to the existing consent which sought to reuse the existing farmhouse, instead demolishing it and rebuilding a new house on the same site. The proposed development will be connected to mains water and sewerage. Kinveachy SPA is approximately 2km to the west along public roads and paths from the proposed development. River Spey SAC is approximately 185 m to the east of the closest part of the proposed development. The SAC is across the well used Spey Valley golf course, with no direct watercourse connectivity. The edge of the SAC has vegetation and mature trees creating a riparian riverbank strip between the golf course and river. |
STAGE 2: Is the plan or project directly connected with or necessary for the management of the European site for nature conservation? | No. |
STAGE 3: 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)? | |
1. Kinveachy Forest SPA | |
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 development – as explained within Annex I. Further consideration is required. Scottish crossbill — no LSE as none of their habitat will be affected. Scottish crossbill are therefore not considered further in this assessment. | |
2. River Spey SAC | |
No LSE due to no direct water course connectivity and no indirect effects likely from the proposed development and associated infrastructure due to the intervening golf course and topography, so no effects on habitats and supporting processes of the qualifying interests. While the proposed development site is within 200m of the SAC, which is the disturbance zone for breeding otter, the intervening golf course that goes up to the boundary of the river and SAC is well used. This will not change as a result of the proposed development. Therefore any otter in the vicinity will already be used to the existing level of human activity, which should not change as |
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a result of the proposed development, and so there will be no LSE through disturbance to otter as a result of the proposed development. Therefore the River Spey SAC is not considered further in this appraisal.
STAGE 4: Undertake an Appropriate Assessment of the implications for the site(s) in view of the(ir) conservation objectives | |
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1. Kinveachy Forest SPA | |
Distribution and extent of habitats supporting the species and Structure, function and supporting processes of habitats supporting the species | There will be no direct or indirect effects on the habitats, their structure or function or supporting processes, due to the location of the proposed development on a brownfield site within a settlement, remote from the SPA. Therefore these conservation objectives should be met. |
No significant disturbance of the species | The assessment in Annex I results in a conclusion that there will not be any significant disturbance of the species, therefore this conservation objective will be met. |
Distribution of the species within site | As there should not be significant disturbance of the species, the distribution should be unaffected and so this conservation objective will be met. |
Population of the species as a viable component of the site | As all the other conservation objectives will be met, this conservation objective will not be affected by the proposed development. Therefore, the proposed development will not affect any of the conservation objectives for the SPA. |
STAGE 5: Can it be ascertained that there will not be an adverse effect on site integrity? | |
1. Kinveachy Forest SPA | |
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 2021/0390/DET, Demolition of derelict farmhouse and erection of house, Dalfaber Farm, Dalfaber Drive, Aviemore
QI. Is the proposed development likely to change levels of human activity or patterns of recreation around the proposed development/associated settlement? 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. | No, there would not be a discernable change in the level of human activity (or patterns of recreation) from the proposed development. The farmhouse was previously included as a dwelling in the existing consent for the wider development, so the demolition and replacement would not affect the number of units compared to the overall existing consent. There are a number of existing promoted and well used paths and routes in Aviemore and the surrounding area, as seen in the figure below (taken from the Aviemore Paths leaflet https://www.visitaviemore.com/wp-content/uploads/2013/09/CNPA.Paper .1911.Aviemore-Paths.pdf). There are also informal un-promoted but well used routes that connect with formal paths and roads. Residents of the proposed development (approximate location marked by the black star in the below figure) are likely to use the promoted paths, due to information being available about them. There is no reason to believe that people staying at the proposed development would undertake a different pattern of recreation to existing users of paths and routes in Aviemore and the surrounding area. |
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