1. Scottish Natural Heritage
Dominic Counsell
Scottish Natural Heritage

2. Natura 2000
Landscape capacity for aquaculture

5. Conservation Objectives, Loch Creran marine SAC:
To avoid deterioration of the qualifying habitat (Reefs) thus ensuring that the integrity of the site is maintained ….
To ensure for the qualifying habitat that the following are maintained in the long term:
Extent of the habitat on site
Distribution of the habitat within site
Structure and function of the habitat
Processes supporting the habitat
Distribution of typical species of the habitat
Viability of typical species as components of the habitat
No significant disturbance of typical species of the habitat

6. HD Article 6.2
Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive.
Also applies to Birds Directive
Although I said earlier the Directives aimed at MS’s this is a fundamental pillar of casework
What are we going to measure deterioration against - dataforms
Discuss disturbance/significant

7. HD Article 6.3
Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.
NB 6(2) – 6(4) apply to SPAs by virtue of Article 7

8. For Natura sites three basic tests:
Plans or projects
For Natura sites three basic tests:
is proposal connected with nature conservation management?
is it likely to have a significant effect?
can it be ascertained that the proposal will not adversely affect the integrity of the site?
Run through quickly then repeat
These basic tests apply to all plans or projects
A process involving logical steps - will revisit this later

9. Is it likely to have a significant effect?
test is alone or in combination
plans and projects outwith sites need to be considered: consider connectivity
what may be significant for one site may not be for another

10. Judging significant effect
made by the competent authority (but SNH often consulted)
coarse filter - 1st stage of process
must be made in relation to the qualifying interests
all decisions must be based on sound reasons which must be recorded
Advice to contact SNH wrt LSE s in 6/95 at Annex E – Appendix A
Qualifying interests from SNH staff or web site

11. Waddenzee
“…any plan or project not directly connected with or necessary to the management of the site is to be subject to an appropriate assessment of its implications for the site in view of the site’s conservation objectives if it cannot be excluded, on the basis of objective information, that it will have a significant effect on that site, either individually or in combination with other plans or projects.”
Para 45 of Waddenzee judgement C-127/02

12. If likely significant effect
undertake an appropriate assessment
“in view of that sites conservation objectives” i.e. the reasons for which the site was classified
“…shall agree to a project only after having ascertained that it will not adversely affect the integrity of the European site.”
Stress WILL NOT
Really important
Precautionary principle built into the process
MUST keep to two separate tests and NEVER write will not significantly affect integrity !!!!! Or any thing similar
Turns Section 25 of the TCP(S)A 1997 on its head
STRESS DIFFERENCE between EIA and AA
Waddenzee
Conservation objectives on site link 12

13. SG Interim guidance assessing development plans…
“As a guide, any element of a plan which has the potential to affect the interests of the site should initially be considered significant and an appropriate assessment undertaken.”
Paragraph 12 of SEDD Planning Interim Guidance May 2006: Assessing development plans in terms of the need for appropriate assessment. 13

14. Waddenzee
The competent national authorities, taking account of the appropriate assessment … in the light of the site’s conservation objectives, are to authorise such an activity only if they have made certain that it will not adversely affect the integrity of that site. That is the case where no reasonable scientific doubt remains as to the absence of such effects.
Para 61 of Waddenzee judgement C-127/02
Text deleted = of the implications of mechanical cockle fishing for the site concerned

15. Integrity will always be a matter for scientific judgement
will depend on a number of factors which vary from case to case
judgement should be reasoned, and recorded 15

16. EIA versus AA All likely to have a significant effect
All Schedule I and significant Schedule II
Covers many issues
Carried out by developer
Informs
All likely to have a significant effect
Restricted to qualifying interests
Carried out by competent authority
Is binding (subject to regulation 49) 16

17. Landscape/ Seascape carrying capacity for aquaculture

20. Importance and value of Scotland’s landscapes
Distinct and diverse range of landscapes
Held in high regard as part of natural and cultural heritage
Important resource, contributing to social and economic well-being of Scotland
Surroundings to people’s daily lives
Provide the special places whose character and scenic quality is the main attraction for outdoor recreation and tourism.

21. SNH’s Aim for Scotland’s Landscape
To safeguard and enhance the distinct identity, the diverse character and the special qualities of Scotland’s landscapes as a whole, so as to ensure tomorrow’s landscapes contribute positively to people’s environment and are at least as attractive and valued as they are today

22. Advising on landscape change
Change can:
Modify landscape, but be accommodated within the existing character
Transform a landscape’s character and create a different character type – gradually or suddenly
To a great extent most change should fit with and enhance existing landscape character, particularly where present character is highly valued

23. Landscape capacity
The ability of a landscape to accommodate different amounts of change or development of a specific type.

24. Landscape capacity studies
To assess the character and visual qualities of coastal areas to determine where aquaculture development may be best accommodated.
Identify the character areas, to ensure coherent assessment and presentation
Survey and analysis
Identify opportunities and constraints
Assess the sensitivity of character areas
Conclusions

27. Opportunities – may relate to:
physical character of the shoreline, such as a simple, linear coastline against which development may be located
scale and expansiveness of the seascape
the ‘ambience’ of the coast, for example where a coastline is busy and developed, or
the character of the hinterland

28. Constraints Where aquaculture may have an impact on:
significant/ defining characteristics of landscape
features valued because of their historic, cultural or aesthetic qualities
aspects of the experience or appreciation of a place
areas of visual sensitivity

30. Sensitivity Maritime influences
Character and experience of the coastal edge
Setting of landmarks and features
Experience of wildness
Aesthetic qualities
Key viewpoints

32. Conclusions
Areas where there is low/ some/ high potential for the landscape to accommodate aquaculture development
Areas where existing aquaculture development already reaches capacity in landscape terms and there is no further capacity for development
etc