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1.6 The applicant's agent has submitted as part of the application an Environmental Statement(ES). The ES covers details relating to site selection process, the project description (includingconcept, operational and decommissioning matters), as well as a justification with regards toneed. The ES also provides details and assessments with regards to environmental studies,climate change, economic benefits, ecology/ornithology, landscape and visual impact, noise,cultural heritage and archaeology, hydrology, electromagnetic safety, infrastructural andcommunication matters and shadow flicker.1.7 Although this is a significant project it is not classed as a Major application, as defined in theTown & Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, as theelectricity generated does not exceed the 20MW threshold. The application was advertised inthe Fife Free Press and the Edinburgh Gazette as an application which requires anEnvironmental Impact Assessment and was also advertised in the local paper as a Schedule 3development (bad neighbour) based on the height and number of structures and the potentialimpacts the development could have on adjacent residential amenity. The application has alsobeen subject to consultation with statutory and non-statutory consultees as summarised in theconsultation section of this report.2.0 APPROPRIATE ASSESSMENT UNDER THE HABITATS REGULATIONS2.1 As a separate part of the consideration of the application, the Council has a duty as thedetermining authority to carry out an appropriate assessment of the proposals with specificregard to the impact the development may have on the qualifying interests of the two SPA'snearest to the site. The application site is around 6.5km from the Firth of Forth SPA and 10kmfrom Loch Leven SPA.2.2 The agent provided information specifically addressing the impact of the development onthese SPA's and the ornithological study recorded 27 flights of pink footed geese and one ofgreylag, with an average of 26 birds per annum, at collision risk height (mortality rate). From thedata submitted and taking into account SNH's comments, whilst it is acknowledged that theremay be some potential increase in the mortality rate of the birds in flight over the site, it is likelyto be very small and is not likely to have any effect on the viability of either species. It wastherefore concluded that the proposed development would not adversely affect the integrity ofeither SPA.3.0 PLANNING ASSESSMENT3.1 The issues to be assessed against the Development Plan and other guidance are asfollows:-- Principle of Development- Landscape/Visual Impact on LLA- Cumulative Impact- Ecology/Ornithology- Noise- Shadow Flicker- Cultural Heritage/Archaeology- Hydrology/Hydrogeology- Road Safety14