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

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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
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