Item6Appendix2HRA20220270DETDulichCourtGOS
Cairngorms Item 6 Appendix 2 09 June 2023 National Park Authority Üghdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh
Agenda item 6
Appendix 2
2022/0270/DET
Habitats regulations appraisal
HABITATS REGULATIONS APPRAISAL
Planning reference and proposal information |
Appraised by |
Date |
Checked by |
Date |
2022/0270/DET – Erection of 19 houses — change of 10 consented properties — see description below. |
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A previous HRA was conducted for 2015/0394/DET 10 affordable houses & 2016/0060/DET — 43 house and flat plots. |
Karen Aldridge — Planning Ecological Advice Officer |
19 April 2023 |
NatureScot |
Date of consultation response from NatureScot |
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INFORMATION
European site details
Name of European site(s) potentially affected
1) River Spey SAC 2) Anagach Woods SPA’
Qualifying interest(s)
1) River Spey SAC Otter Freshwater pearl mussel Sea lamprey Atlantic salmon
2) Anagach Woods SPA Capercaillie — breeding
Conservation objectives for qualifying interests
1) 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
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
1 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 II 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 Anagach SPA. 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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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
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
2) Anagach Woods 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:
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
Population of the species as a viable component of the site
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APPRAISAL
STAGE 1: |
What is the plan or project? |
Relevant summary details of proposal (including location, timing, methods, etc) |
Construction of 19 semi-detached and link-detached houses in a change to the previously consented 10 large, detached houses. Construction is currently ongoing on site and the site has been cleared. The proposals include the re-design of a SuDS (which has still to be agreed). The River Spey SAC is approximately 2km downstream and is connected through the Kylintra Burn, which runs through the site. Anagach Wood SPA is approximately I km east of the site.
The previous HRA conducted in July 2016 concluded that the there was no adverse impacts on the River Spey SAC or Anagach Woods SPA. As there have been several changes (increase in occupancy, change of SuDS location) to the development since the production of the HRA, a further assessment has been conducted to assess the impacts of these changes on the designated sites.
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) River Spey SAC
Atlantic salmon, sea lamprey, freshwater pearl mussel: YES LSE.
The Kylintra Burn, feeds directly into the River Spey SAC and runs through the site. Any pollution events involving the burn could result in negative impacts for the designated species from short term effects such as sediment released entering the watercourse and causing pollution changing the water quality.
Otter: Yes LSE. Evidence of otter has previously been recorded along the Kylintra Burn, suggesting that the watercourse is used by commuting/foraging otters. No suitable resting sites were identified. There is potential for the ongoing construction to disturb otter (short term) and potential for long term disturbance from activity during occupation of the houses (e.g. from humans and pets particularly dogs moving around the area).
2) Anagach SPA
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Capercaillie – Yes potential LSE: from increased human activity by the addition of the occupants from the proposed development.
STAGE 4:
Undertake an Appropriate Assessment of the implications for the site(s) in view of the(ir) conservation objectives
1) 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):
Atlantic Salmon & Freshwater Pearl Mussel
2b. Restore the distribution of Atlantic salmon/Freshwater Pearl Mussel throughout the site
The current and potential distribution of Atlantic salmon or FWPM within the site would not be directly affected as no development will occur in the watercourse. However, pollution from construction activities (e.g. sediment, fuels or oils) could indirectly cause the distribution to change due to changes in water quality (temporary) and, if significant amounts of sediment reach the watercourse, through smothering of habitats which are used by salmon for spawning/juveniles and habitats suitable for supporting FWPM (long term).
However, no construction elements are proposed within 10 m of the Kylintra therefore the risk of pollution can be managed onsite. The current site is operating under a Construction Method Statement (approved under 2016/0060/DET) which includes pollution prevention plans, as long as the site continues to operate under this approved document this conservation objective would be met.
2c. Restore the habitats supporting Atlantic salmon & Freshwater Pearl Mussel within the site and availability of food
The current and potential restoration of the distribution of habitats supporting Atlantic salmon and FWPM within the site would not be directly affected as no development will occur in the watercourse.
However, pollution from construction activities would affect supporting habitats if significant amounts of sediment reach the watercourse and cause smothering, reducing the distribution and extent of habitat suitable for spawning and juvenile salmon and habitats suitable for supporting FWPM (long term).
However, mitigation measures for 2b above would reduce the risk of pollution reaching the watercourse to a minimal level and so this conservation objective would be met.
2d. Restore the distribution and viability of freshwater pearl mussel host species and their supporting habitats
The distribution and viability of FWPM host species (Atlantic salmon & sea trout) would not be directly affected as no development will occur within the watercourse.
However as discussed in 2b & 2c, there is potential for pollution from construction activities
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to indirectly affect the habitats supporting these species which may in turn lead to a change in distribution or in change in health of the supporting species. However with the implementation of the mitigation mentioned in 2b the risk of pollution events therefore the development would not hinder the distribution or vitality of the host species.
2a. Restore the population of Atlantic salmon (including range of genetic types) and Freshwater Pearl Mussel, as a viable component of the site
As the other conservation objectives can be met for Atlantic salmon and FWPM with mitigation, the proposed development would not hinder or prevent the restoration of the population of Atlantic salmon as a viable component of site. Therefore, this conservation objective would be met.
Sea Lamprey
2b. Maintain the distribution of sea lamprey throughout the site
The current distribution of sea lamprey would not be directly impacted upon by the development proposals as no works will take place within the watercourse. However, there is potential for pollution from construction activities which could indirectly impact upon spawning substrates (long term) and water quality (temporary) which may alter the distribution of sea lamprey.
As detailed within 2b for Atlantic salmon & freshwater pearl mussel, maintaining a buffer from the watercourse and ALL construction activities would allow this conservation objective to be met.
2c. Maintain the habitats supporting sea lamprey within the site and availability of food
The current suitable habitats for supporting sea lamprey will not be directly impacted upon as no works will take place within the watercourse. However, there is potential for pollution, such as sediment to enter the watercourse and smoother the suitable spawning grounds (long term) making it difficult for the sea lamprey to find suitable habitat. Changes to water quality through suspended solids or chemicals (temporary) may lead to a reduction in food availability through negatively impacting the distribution of fish species.
The implementation of standard pollution prevention measures will reduce the risk of pollution entering the watercourse therefore this conservation objective would be met.
2a. Maintain the population of sea lamprey as a viable component of the site
As the other conservation objectives for sea lamprey can be met through the implementation of mitigation, the proposed development would not negatively impact on the current population of sea lamprey within the SAC, therefore this conservation objective would be met
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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As all the other conservation objectives would be met, the proposed development would not prevent or hinder the condition or conservation status of the qualifying interests of the SAC, and so this conservation objective would be met.
2) Anagach SPA
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‑II) 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 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.
No significant disturbance of the species
See Annex I‑II for detailed assessment. In summary, there would be no additional disturbance to capercaillie over and above what is already occurring through use of existing routes in capercaillie woods A, B, D & H. 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.
STAGE 5:
Can it be ascertained that there will not be an adverse effect on site integrity?
Provided the mitigation measures included in planning application 2016/0060/DET & 2019/0353/DET are continued for the construction of 2022/0270/DET and a minimum buffer of 10 m is maintained during ALL construction activities — then the conservation objectives for the River Spey SAC will be met.
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ANNEX I Capercaillie Assessment. 2022/0270/DET Construction of 19 houses.
QI. Is the proposed development likely to change levels of human activity or patterns of recreation around the proposed development/associated settlement? | No. |
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. |
The current proposal is for the removal of 10 large plots — originally thought to support 50 people and the construction of 19 houses, which will, assuming full occupancy, support 74 occupants. |
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The whole development once completed will support 245 people, an approximate increase of 24 occupants from the previously assessed design. |
The current estimated population of Grantown on Spey is 2,437 (based on 2020 estimates²), this is excluding the Dulicht court development. The additional 245 people equates to around a 10% increase in the population. |
However, as discussed within the previous assessments, the development is approximately 800 m from Anagach SPA and it is not considered likely that the occupants of these properties would adopt significantly different patterns of recreation than the existing population. |
Q2. Are capercaillie woods significantly more accessible from this development site than from other parts of the associated settlement? | No — Anagach SPA is approximately 800 m from the development and the woods are easily accessible from the majority of Grantown on Spey. |
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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. |
2 statistics.gov.scot : Population Estimates Detailed (Current Geographic Boundaries) page 8 of 12
If QI & Q2 = No, conclusion is no significant disturbance to capercaillie and assessment ends here 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) | N/a as conclusion for questions I and 2 is that there is no significant disturbance and so no need for further assessment. |
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? | N/a as conclusion for questions I and 2 is that there is no significant disturbance and so no need for further assessment. |
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 Q5 If Q4 = Yes for any woods, mitigation is needed. Note and continue to Q5.
Q5: Are each of the woods identified at Q3 | N/a as conclusion for questions 1 and 2 is that there is no significant disturbance and so no need |
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already established locations for recreation? | for further assessment. |
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) | N/a as conclusion for questions I and 2 is that there is no significant disturbance and so no need for further assessment. |
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 Q7 If 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? | N/a as conclusion for questions I and 2 is that there is no significant disturbance and so no need for further assessment. |
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%. |
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? | As conclusion for questions I and 2 is that there is no significant disturbance, there is no need for mitigation. |
Reasons mitigation needed: | N/a as no mitigation required. |
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Annex II: Badenoch and Strathspey capercaillie woods map
A North Grantown Cam Camh-Bhrat & Mid Port Gomo Gom an Ruadh Advin Advie B Castle Grant & Mid Port Cam Cam-na-Ra Upper Upper Dorraid Auchnajallin Auchnajallin Leftoch Leftoch
A95 C Tom an Aird Glaschoil 0 Geag Lath D Anagach Woods 575 Cottator Camerory E [ Anagach Woods SPA ] Slochd ABC Mains of Dalvery Drumin Glenlive Shinvil Auchbrick Bora Cam Gas-shore Dreggle Uner Glenbeg Grondale 471 D F North Carr-Bridge Bure Actimaliaramet GRANTOWN- ON-SPEY Spey 190 2 Craggan G Drochan & Drumuillie Dasal A938 Bridge bridge Congach Dandale Duthit A939 HELS OF CROMDALE 547 Lath Tomnayoulin Dallery Tover 419 Dim H Craigmore Woods F Skyn Lynemera 722 Auchnartow Sinchel A9 nf Cant Дедал Lochanhully Chase [ Craigmore Woods SPA] Invorlaidna Kinveachy Forest [ Kinveachy Forest SPA] Loch Vaa Garten Woods [ Abernethy Forest SPA ] Forest Lodge North Rothiemurchus E Carrbridge H Lecity Spir A95 Gaome Bridge of 10 Nethy Bridge Dirha Brown Culfachie Sliemerd 14 Dainahaitnach East Grol Ke Lattach 5616 Lodge J K L M [ Cairngorms SPA] N South Rothiemurchus OUNTAINS O Glenmore P Inshriach Own an Q Uath Lochans area 900 A Chateach 000 Cam Lyndhut An KINGUSSIE Newlotimore Boat of Endoch Beirn Gresham eachy Cavt Allt Laray J Rarten Forest 678 Avialachan Aundorach Tore Hi P Tulloch Forest Lodge Dorback Surd Auchigurish Aviemore Moat Water or Anak T Speyside Way Milon 501 Tomintoul Cety Suidhe Mhar 04 Delmahe Danbath Cau Loge Madhorach Eraes of Abermethy BRE Blairmamarrow Farau Qashnor Chapalinan College of Sodan Gan M60 Ladder His Liv A939 792 The Secich 718 17 89701 dan M Oeyelache Ante 511 Spaybarik Kinoraig Ag Inver Hoxe D Fushiabridge Balnes Inshriach Forest M idge Crn است Chestar 700 வேர் 200 711 Ge C Co Cales Ово Www Tha Folchar Ο Sa Gane Feaninge Nothiemginur Гастрит Foncile 1000 Erig Fatwa More 1151 721 CAIRN GORM 1088 GLEN ON CAIRNGORMS NATIONAL PARK CAIRNGORM Glen Markkin Glen Banstvor Omg Dege Laggin Balgovran A86 Lynk-crack Ledjo Tromie Rutilwen narradu Drumquish Jerome Lodge Chomaraig Бл Grelulan Sw 1400 ひら Chaucern 1100 900 Santange D 970 +11006 Brooriach 1184 1205 MOUNTAINS JA Rake 627 Ghen Feshie 1000 BEN MACDUI Asuhban 1049 Geoch Co 1291 Cen Orde 10 900 My Cairn Toul Gay gawy 1218 100 1007 Dullay The Devilfo است Wmadh BEINN A BHUIRD The Bruach Forest of Gleivon S Suchf 1002 Lushaidh an 1104 Darm Brache 1120 BEN AVON Canv LINDE 1479 Cam D 900 000 5 ன்மீகம் Dul Dhing Wars Ges Charm (073 Cock Bridgo Coln Casile Delsalamph Cergarf Toma 704 600 Canle Sede Bom Co Co Kilometers Mall Halnait Maini of Orithie Droche Se
Capercaillie woodland in Badenoch and Strathspey. Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2018. All rights reserved. Ordnance Survey Licence number 100040965 Cairngorms National Park Authority Nature Scot
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