Forthbank Wind Energy Development - Partnerships for Renewables

Forthbank Wind Energy Development
Timing of Construction Activities in Relation to Breeding Birds
12.6.4 While scheduling the works programme to take place between April and September will
minimise any disturbance impacts on passage and wintering wetland birds, it will mean that the
works programme will coincide with the breeding bird season (March to July inclusive).
12.6.5 Under the Wildlife and Countryside Act 1981 as amended by the Nature Conservation
(Scotland) Act 2004, it is an offence with only limited exceptions, to:
• intentionally or recklessly take, interfere with, damage or destroy the nest of any wild
bird whilst it is in use or being built;
• intentionally or recklessly take, interfere with or destroy the egg of any wild bird;
• intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest
building, or at (or near) a nest containing eggs or young, or disturb the dependent
young of such a bird.
12.6.6 Consequently there will be a need to follow best practice during the construction of the
proposed wind energy development to avoid the possibility of illegal damage, destruction or
disturbance to occupied bird nests and ensure compliance with the legislation concerning
disturbance to breeding birds.
12.6.7 Construction activities are only expected to affect skylark; the only passerine (song bird)
species which was recorded breeding in the grassland where the proposed turbines and
subsidiary access tracks are to be located (the main site access track already exists). Skylark
hold territories from as early as the start of March 25 so site clearance and preparation works
will aim to be timed to take place as early as possible in March before peak breeding activity
occurs.
12.6.8 A pre-construction survey will be undertaken to identify any breeding activity and ascertain if
any nesting birds are present on-site. If any active nests are found in close proximity to
imminent construction activity then the work will either have to be re-scheduled or the nest site
cordoned-off up to 50 metres. Construction operations will then be delayed within the cordon
until the young have fledged and the nest becomes vacant. However, given that skylarks
typically only start to nest in April 25 the likelihood of any active nests being present at the
beginning of March is considered to be extremely low.
12.6.9 If works are commenced across the site at this early stage, birds will have an opportunity to
take potential disturbance into account in the process of selecting a nest site and are likely to
select a site located away from any sources of disturbance.
12.6.10 Compliance with the law will be achieved by the appointment of a suitably experienced
ornithologist as Ecological Clerk of Works during the bird breeding season (March to July
inclusive), to locate any active nests close to construction works shortly before these
commence. Any active nests found will be cordoned off as described above. There will be a
clear line of responsibility for ensuring these measures are adhered to.
November 2010 Chapter 12 Page 82
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