Forthbank Wind Energy Development - Partnerships for Renewables

Forthbank Wind Energy Development
• Guidelines for Ecological Impact Assessment in the United Kingdom 2 ;
• Eurobats Guidelines for Consideration of Bats in Wind Farm Projects 3 ;
• Natural England Guidance on Bats and onshore wind turbines 4 ;
• UK Biodiversity Action Plan (UKBAP);
• Scottish Biodiversity List; and
• the Clackmannanshire, Fife, Stirlingshire and Falkirk Local Biodiversity Action Plans
(LBAPs).
Protected Species Legislation
11.2.3 European protected species are those that are protected by the EC Habitats and Species
Directive 92/43/EEC. The Conservation of Habitats and Species Regulations 2010 translates
this European legislation into UK law while The Conservation (Natural Habitats, &c.)
Amendment (Scotland) Regulations 2007 provides further specification on the classification of
an offence in respect of disturbance to a European Protected Species.
11.2.4 This legislation makes it an offence to deliberately or recklessly disturb European protected
species. Their places of shelter are fully protected, and it is an offence to damage, destroy or
obstruct access to or otherwise deny the animal use of a breeding site or resting site, whether
deliberately or not. It is also an offence to disturb a European protected species in a manner
that is, or in circumstances which are likely to, significantly affect the local distribution or
abundance of the species, or impair its ability to survive, breed or reproduce, or rear or
otherwise care for its young. Examples of species which are covered by this legislation include
all bat species, otter and great crested newt. Any activity which is likely to affect these species
requires prior consultation with the relevant statutory nature conservation organisation. In
Scotland, this means that Scottish Natural Heritage (SNH) should be consulted.
11.2.5 A licence from the Scottish Government is required in case of potential disturbance of
European Protected Species or damage or destruction of a resting site as a result of work
activities. With regard to the proposed wind energy development, under Regulation 44 2(e) of
the Conservation (Natural Habitats etc) Regulations 1994 licences may be granted for:
• preserving public health or public safety or other imperative reasons of overriding
public interest including those of a social or economic nature and beneficial
consequences of primary importance for the environment.
11.2.6 Importantly, under Regulation 44 (3), in order for a licence to be successful, two tests must be
satisfied:
• there is no satisfactory alternative (including retaining the status quo); and
• the action authorised will not be detrimental to the maintenance of the population of
the species concerned at a favourable conservation status in its natural range.
November 2010 Chapter 11 Page 3
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