Item7Appendix2HRA20230145DETBruar
Cairngorms National Park Authority Item 7 Appendix 2 09 June 2023 Üghdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh
Agenda item 7
Appendix 2
2023/0145/DET
Habitats regulations appraisal
HABITATS REGULATIONS APPRAISAL
Planning reference and proposal information | 2023/0145/DET |
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Appraised by | Karen Aldridge, Planning Ecological Advice Officer |
Date | 17 May 2023 |
Checked by | Stephanie Wade, Planning Officer (DM) |
Date | 25/05/2023 |
INFORMATION
European site details | |
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Name of European site(s) potentially affected | |
1) River Tay SAC | |
Qualifying interest(s) | |
1) River Tay SAC | |
Atlantic salmon | |
Brook lamprey | |
Clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels | |
Otter | |
River lamprey | |
Sea lamprey | |
Conservation objectives for qualifying interests | |
1) River Tay SAC | |
Conservation Objective 2. | To ensure that the integrity of the River Tay SAC is maintained by meeting objectives 2a, 2b and 2c for the qualifying feature |
Conservation objectives for clear water lakes or lochs: | |
2b. | Maintain the structure, function and supporting processes of clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels |
2c. | Maintain the distribution and viability of typical species of clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels |
2a. | Maintain the extent and distribution of clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels within the site |
Conservation Objectives: sea lamprey, brook lamprey & river lamprey | |
2b. | Maintain the distribution of the lamprey species’ throughout the site |
2c. | Maintain the habitats supporting the lamprey species’ within the site, and availability of food |
2a. | Maintain the population of the lamprey species’ as viable components of the site |
Conservation objectives: Atlantic salmon | |
2b. | Maintain the distribution of Atlantic salmon throughout the site |
2c. | Maintain the habitats supporting Atlantic salmon within the site and availability of |
food
2a. | Maintain the population of Atlantic salmon, including range of genetic types, as a viable component of the site |
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Conservation Objectives: Otter | |
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 River Tay SAC are in favourable condition and make an appropriate contribution to achieving favourable conservation status. |
APPRAISAL
STAGE 1: | |
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What is the plan or project? | |
Relevant summary details of proposal (including location, timing, methods, etc) | |
The application proposal is for the construction of an art gallery building to be constructed within the landscaped car parking area of House of Bruar. The River Tay SAC is approximately 100m east at its nearest point (Bruar Water). | |
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 Tay SAC | |
Clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels: NO LSE — the nearest loch is approximately 8km downstream. There are no obvious pathways or channels from the proposed construction site to the Bruar Water and the River Garry is separated from the site by the B847 and A9. | |
Lamprey species: NO LSE. | There are no obvious pathways or channels from the proposed construction site to the Bruar Water and the River Garry is separated from the site by the B847 and A9. |
Atlantic salmon: NO LSE. | There are no obvious pathways or channels from the proposed construction site to the Bruar Water and the River Garry is separated from the site by the B847 and A9. |
Otter: NO LSE | - No disturbance or loss of suitable habitats for otter is considered likely due to construction within the busy footprint of House of Bruar and the cover between the development and any suitable resting habitats. |
Given the lack of obvious connectivity between the proposed development and the River Tay SAC, all conservation measures are considered to be met and no adverse impact on any of the designated feature is anticipated. However a pollution prevention plan for the construction is recommended as good practice to ensure the contractors are aware of their responsibilities given the proximity to the River Tay SAC. |
STAGE 4: |
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Undertake an Appropriate Assessment of the implications for the site(s) in view of the(ir) conservation objectives |
N/A |
STAGE 5: |
Can it be ascertained that there will not be an adverse effect on site integrity? |
N/A |