River South Esk Special Area of Conservation (SAC) - The Food and ...

Advice to planning applicantswhen considering newproposals which could affectthe River South Esk SpecialArea of ConservationThis guidance aims to assist you when you areconsidering submitting a planning application for adevelopment which may affect the River South EskSpecial Area of Conservation (SAC).It provides advice on the types of appropriateinformation and safeguards to provide in support ofyour planning application so that it can be properlyand timeously assessed, and includes:– An explanation of planning authorities’ obligations whenevaluating planning applications including permitteddevelopment– Information on the qualifying interests of thedesignation which may be affected;– Advice on the nature of developments that may affectthe River South Esk SAC; and– Examples of information which you need to submit withyour planning application.Other considerationsThis guidance is specifically for the River South EskSAC and the ‘qualifying’ interests associated withthis designation. However, there may be other naturalheritage interests such as protected species affectedby development proposals which you will also needto consider. Further information is available in theScottish Planning Policy: http://www.scotland.gov.uk/Publications/2010/02/03132605/0Additional authorisation from SEPA will be required formany development activities adjacent to, and in the vicinityof watercourses under The Water Environment (ControlledActivities) (Scotland) Regulations 2005. A higher level oflicence protection may be required for activities that mayimpact on the River South Esk SAC, such as engineeringworks in inland waters, water abstraction, impoundmentand diversion, or discharge to land and water. Any suchauthorisation will also need to first consider the effectson the SAC. Contact with SEPA’s local regulatory teamin the Arbroath office is advised before an application issubmitted. Details on all these activities are available viathe following links: http://www.sepa.org.uk/water/water_publications.aspxInformation on CAR licence requirements: http://www.sepa.org.uk/customer_information/water.aspxActivities should also ensure compliance with SEPA’sPollution Prevention Guidelines, available at: http://www.sepa.org.uk/water/groundwater/policy,_legislation__guidance/planning.aspxExamples of polluting activities are point source pollution(e.g. from private sewerage outlets), diffuse sourcepollution (e.g. water bound roads and tracks) and surfacewater drainage.2 River South Esk Special Area of Conservation (SAC) Advice to planning applicants

Why is the River South Esk soimportant?The River South Esk has the highest wildlife accolade asit is designated as a SAC and is part of the Natura 2000network – a series of internationally important wildlifesites throughout the European Union. The qualifyinginterests for which the site is designated are Atlanticsalmon and freshwater pearl mussel.Planning authorities’ obligationsThe European legislation under which sites are selectedas SACs is the Habitats Directive. This sets outobligations on Member States to take appropriate stepsto avoid “the deterioration of natural habitats and thehabitats of species as well as disturbance of the speciesfor which the areas have been designated, in so far assuch disturbance could be significant. These obligationsrelate to ‘Competent Authorities’ such as PlanningAuthorities.Because of this, Angus Council as a Planning Authoritycan only agree to development proposals which areunconnected with the nature conservation managementof the site after having ascertained that they will notadversely affect the integrity of the site.Any ‘permitted development’ likely to have an adverseeffect on the River South Esk SAC will also need planningpermission.To assist you in the planning process it is useful toconsider the following:Does your proposed development liewithin the river catchment?* Please note that the boundary of the SAC is not just theRiver South Esk, but includes its tributaries.If your proposed development lies in the catchment of theRiver South Esk SAC as shown in the map, you need toconsider whether it has the potential to affect the RiverSouth Esk SAC’s qualifying interests i.e. Atlantic salmonand freshwater pearl mussels. Developments outwiththe actual SAC site but within the river catchment (suchas those upstream of the SAC) need to be consideredbecause by their nature, freshwater sites have thepotential to be affected by management activitiesoccurring outwith their boundary.If this is not the case and there are no alternativesolutions, the proposal can only be allowed to proceed ifthere are imperative reasons of overriding public interest.www.snh.gov.uk3

The ‘qualifying interests’ of the RiverSouth Esk SACAtlantic salmonSalmon are found throughout the River South Esk SACsite. Salmon require high quality water, and any reductionin water quality as a result of a development could besignificant. In the short-term, sediment released into thewatercourse from construction work can be detrimentalto salmon, resulting in the gills being smothered, or theirpassage upstream impeded. Sediment can also smotherthe gravels used by spawning salmon or areas used byjuvenile fish, making them unsuitable. In addition, anydischarge points could raise pollution levels in the river.There is also a possible risk of contamination of thewatercourses from the fuel and chemicals used on site, orin the longer term, pollution from the drainage system.Freshwater pearl musselsThe freshwater pearl mussel is one of Scotland’s mostendangered species. Recent estimates are that Scotlandholds some of the world’s most significant knownremaining breeding populations, and the South Esk hasone of the largest populations of freshwater pearl musselsin the world.4 River South Esk Special Area of Conservation (SAC) Advice to planning applicants

tanks discharges make a significant contribution tophosphorus loadings downstream from Brechin.Freshwater pearl mussels have a tolerance threshold of0.03mg/l for soluble reactive phosphorus (SRP). Anyincrease in phosphorus levels can cause large dips inoxygen, which puts the mussels under stress. Recentresults indicate that phosphorus levels in parts of thelower reaches of the river (i.e. downstream of Brechin) arevery close to the 0.03 mg/l tolerance threshold, thereforedevelopment in the catchment can have an adverseeffect downstream which may lead to the threshold beingexceeded.Incidents of high levels of suspended solids have alsobeen recorded. If large amounts of soil are washed intothe river from development site, they can settle over apearl mussel colony. This could smother the pearl musselbeds, causing them to suffocate.Is your development likely to affectthese interests?Angus Council as a Planning Authority will needto establish if your proposal is likely to have asignificant effect on the qualifying interests of theSAC.The following section will help establish this andthen if so, what supporting information needs to besubmitted with your planning application so that itcan be properly assessed.You should consider the nature of the developmentproposed and the potential direct and indirect impactson the qualifying interests of the River South Esk SAC inorder to determine the information that will be needed.The threshold for impacts from development can be verylow and you should take a precautionary approach if youare unsure.Examples of proposals likely to have a significanteffect are:– A residential or commercial development that will notlink to the mains sewerage system and therefore willincrease direct or diffuse sewerage discharges. Thismay result in an increase in nutrients above acceptablethresholds, particularly (but not necessarily exclusively)where it discharges to water.– Any proposal that will involve diverting the river orits tributaries, or bank regrading work is likely toresult in an increase in sediments downstream of thedevelopment and may affect the flow rate of the river.– Dredging, gravel extraction or the installation oftemporary or permanent structures within the riverchannel will affect the substrate of the river bed andmay damage or destroy pearl mussels and their habitat,or salmon spawning beds.6 River South Esk Special Area of Conservation (SAC) Advice to planning applicants

Key information normally required1. A Construction Method Statement (CMS) whichshould include:− pollution prevention safeguards, including drainagearrangements and the possible use and capacity ofsiltation traps, settlement tanks, and bunds;− storage and disposal of materials, including the siting ofstock piles, use of buffer strips and disposal methods;− construction site facilities, including extent and locationof construction site huts, vehicle equipment, andmaterials compound;− timing, duration and phasing of construction, particularlyin relation to salmon migration/spawning an avoidanceof periods of seasonally highest rainfall to sensitiveelements of construction.Please see Annex A for detailed information on the CMS.2. Details of surface water discharges, for exampleSustainable Urban Drainage Systems.3. Sewage treatment arrangements− Water quality needs to be maintained below 0.03mg/lSRP anywhere in the river. The threshold for thisis already close to being breached downstream ofBrechin, therefore any development upstream in thecatchment can have an adverse effect downstreamwhich may lead to the SRP threshold being exceeded.− If it is not proposed to link the development to themains sewage system, it needs to be demonstratedthat the discharge will not result in the 0.03mg/l SRPthreshold being breached.Further detailsMore information on the River South Esk SAC includingits conservation objectives can be found on the SNHwebsite via SiteLink: http://gateway.snh.gov.uk/portal/page?_pageid=53,910305,53_910314&_dad=portal&_schema=PORTAL&PA_CODE=8364&NEW_WINDOW=falseSNH, SEPA and Angus Council are working closely toprotect the interests of the River South Esk SAC, andare happy to assist you where required in submitting yourapplication, including pre-application discussion.ContactsAngus Councilwww.angus.gov.ukDevelopment management, County Buildings, MarketStreet, Forfar, Angus DD8 3LGplanning@angus.gov.ukScottish Environment Protection Agencywww.sepa.org.ukSEPA planning service (planning application input)planning.perth@sepa.org.ukSEPA local regulatory team (regarding authorisations)DL-dundeeandangus@sepa.org.ukScottish Natural Heritagewww.snh.gov.ukWest Lodge, Airlie, by Kirriemuir, Angus DD8 5NPTel: 01575 530333Tayside_Grampian@snh.gov.uk− It should be demonstrated that sediment enteringthe river that could affect freshwater pearl musselpopulations can be avoided.4. Locations of any outfalls, details of timing andthe method of installation should be provided with theapplication including the relevant Construction MethodStatement (see 1 above).5. For any work within the river channel, it may benecessary to undertake a freshwater pearl musselsurvey. SNH can provide advice on whether a freshwater pearl mussel survey is required and has preparedguidance on survey requirements for freshwater pearlmussels:http://www.snh.gov.uk/docs/A372955.pdf6. Further information may need to be provided onother habitats and species in the immediate vicinity insupport of your application (e.g. water voles, bats andotters). The planning authority or SNH can advise onfurther surveys required.There may also be a requirement for additional informationdepending on the nature of the development.8 River South Esk Special Area of Conservation (SAC) Advice to planning applicants

Table 2 – Other Measures to be Included Depending on Size/Location of WorksSediment Control MeasureWorking Alongside Watercourses – where works entail working alongsidewatercourses, works should be done in parallel to the watercourse,with a buffer strip of no works running along the waters edge (see “WatercourseBuffer Strips” below)Watercourse Buffer Strips – water courses should have buffer stripsretained where no works and no vehicle movements take place. For smallwatercourses, a buffer strip of 5 metres on each side is advised. Forlarger burns/watercourses, a buffer strip of 10 metres is advised.Watercourse Crossings – no crossings to take place within 200 metresof a freshwater pearl mussel bed or salmon spawning grounds. In otherlocations, watercourses which do not have bridges across them shouldnot be driven through by vehicles. Where crossings are unavoidable andwhere practical, temporary bridges should be created (with no parts inthe watercourse) to keep vehicles out of the watercourse. Where this isimpossible, the crossing point(s) should be as few as is practical, shouldbe clearly marked and vehicle movements kept to a minimum. Sedimenttraps (see ‘Sediment Trapping’ in Table 1) should be used across smallwatercourses downstream of crossing points where it is unavoidable thatthese will be crossed by vehicles.The use of culverts when constructing any river crossings is generallydiscouraged and there is a presumption against culverting for land gain.Vehicle Movements Across Wet Areas – where vehicle movements arerequired across wet areas, the ground should be protected by using mattingor other suitable measures (e.g. brash mats, wooden boards, etc) toprevent the ground from being churned up.Vehicle movement should be kept to a minimum and limited to one ortwo areas.Roads/Access roads – roads should be brushed regularly (and particularlyafter wheel-washing) and kept free from dust and mud.Wheel Washing – wheel washing of vehicles should take place at thefurthest point from the watercourse as is practical. Care must be takenthat run-off from wheel washing does not enter the watercourse.Exposed Embankments/Earth – where possible, stripped turfs shouldbe carefully stored to ensure the vegetation survives, and used to surfaceany exposed embankments/earth once works are complete.Topsoil Stripping – in order to minimise the area of exposed groundat any one time, a general topsoil stripping of the whole area should beavoided. Instead, localised strips should be taken as required.Soil Stockpile – the works should be programmed such that the volumeof soil stockpiled at any given time is kept to a minimum. All stockpilesshould be located as far away from the watercourse as practical, andshould be kept covered.Non-native invasive species are present in the South Esk catchment, andmeasures should be put in place to avoid the spread of these throughplant remains or seed.Removal of Water From Excavations – if required, a sump should beformed in the corner of the excavation and water pumped out at a low rateto a temporary settlement basin. Once settlement has occurred, cleanwater from the settlement basin should be allowed to slowly flow overvegetated land into the watercourse.ReasonFor sediment control (to preventdirect run-off into the watercourse),and to avoid disturbance to watercourseand SAC speciesFor sediment control as the bufferswill act as a silt trap reducing theamount reaching the SAC, and toavoid disturbance to watercourseand SAC speciesTo reduce disturbance to the groundand watercourse, and prevent sedimentrelease into the watercourseTo prevent excess ground disturbanceand sediment release thatusually occurs in wet conditionsTo prevent sediment release into thewatercourseTo prevent sediment release into thewatercourseTo reduce volume of sediment exposed(and therefore reducing risk ofsediment reaching watercourse)To reduce volume of sediment exposed(and therefore reducing risk ofsediment reaching watercourse)To reduce volume of sediment exposed(and therefore reducing risk ofsediment reaching watercourse)To prevent sediment from excavationsreaching the watercourse10 River South Esk Special Area of Conservation (SAC) Advice to planning applicants

www.snh.gov.ukSNH commitment to customers— We will ask customers for their views— We will put things right if they go wrong— We will give high standards of customer care— We will publish our customer care performancewww.snh.gov.uk© Scottish Natural Heritage 2011Photography: All images © Lorne Gill/SNH,except for those on pages 6 and 7 which are © SEPAScottish Natural HeritageBattlebyRedgortonPerth PH1 3EWT: 01738 458530F: 01738 458613E: pubs@snh.gov.uk