Historic Environment: Supplementary Guidance

Historic Environment: Supplementary Guidance

Environmental Report

May 2013

Contents

Non-Technical Summary

1. Introduction

1.1Purpose of this environmental report and key facts

1.2Statutory requirement

1.3Key facts

1.4SEA activities to date

1. Context

2.1Historic Environment Supplementary Guidance

2.2Relationship with other PPS and environmental objectives

2.3Environmental implications of relevant PPS

3.Relevant aspects of the current state of the environment

3.1Context

3.2Likely evolution of the environment without implementation of the HESG

4.SEA Objectives

5.Assessment of environmental effects

5.1Reasonable alternatives

5.2Assessment methods

5.3Assessment outcomes

5.4Residual and cumulative effects assessment

6.Conclusion

7.Monitoring strategy

7.1Key Elements of the Monitoring Strategy

8.Consultation

8.1Consultation requirements

8.2Consultation to date

Appendix APPS Review

Appendix BScoping consultation comments

Appendix CEnvironmental assessment

Appendix DSupplementary guidance policies

Non-technical Summary

South Ayrshire Council has been in the process of preparing a Local Development Plan (LDP) since 2009. The most recent stage in the preparation process was the issuing of the South Ayrshire Proposed Local Development Plan (SAPLDP) for consultation in August 2012. Since the conclusion of the consultation process (November 16th 2012), the Council has been considering the comments of the Consultation Authorities (Historic Scotland, Scottish Environmental Protection Agency and Scottish Natura Heritage) with a view to preparing an amended document which will be sent to the Scottish Ministers for their consideration.

The SAPLDP is a more streamlined document than previous local plans and, as such, does not contain the same level of detail as a local plan. This has meant that there is a need to supplement the content of the local development plan with an additional level of detail. This will be provided by a suite of supplementary guidance. The purpose of this document is to set out the environmental assessment that has been undertaken for the Historic Environment Supplementary Guidance.

Strategic Environmental Assessment is the process through which full consideration is given to the likely significant effects that a plan, policy or strategy (PPS) could have upon the environment. The process presents an opportunity to consider alternative approaches to achieving the same objectives of the PPS in question and to develop mitigation measures aimed at improving the overall performance of the PPS.A summary of this document is set out below.

Consultation

The consultation period for the Historic Environment Supplementary Guidance (HESG) and the accompanying draft environmental report is as follows:

13th May 2013 – 17th June 2013

Comments can be submitted by letter or email to Kenny Campbell:

Planning Environmental Officer

South Ayrshire Council

Community, Enterprise & Development Service

Burns House

Burns Statue Square

Ayr KA7 1UT

Tel: (01292) 616125

Email:

Copies of the environmental report and the HESG have been made available to view at:

• Burns House reception, Burns Statue Square, Ayr; and
• local libraries

Background to the HESG

The HESG essentially provides an additional level of detail to that contained within LDP policy: historic environment. The SG helps to ensure that the policy is accurately interpreted with the overall aim of creating a context for the effective protection and enhancement of the historic environment. The HESG provides specific guidance relating to design quality, listed buildings, conservation areas, scheduled monuments and historic gardens and designed landscapes.

SEA process

The environmental assessment process has been used to inform the content of the HESG throughout its development. The key steps of the SEA that have been completed to date include:

• screening: This determined whether the HESG had the potential to have significant environmental effects and therefore if an SEA was required;
• scoping: This provided the consultation authorities with information on the HESG, enabling them to form a view on the scope, level of detail and consultation period that would be appropriate; and
• environmental assessment: this document sets out the environmental assessment that has been undertaken in respect of the HESG.

Environmental assessment process and findings

The assessment process has focussed upon four SEA topics: biodiversity, cultural heritage, human health and population. As stated, five policy areas were assessed; design quality, listed buildings, conservations areas, scheduled monuments and historic gardens and designed landscapes. Each of these policy areas were assessed against the SEA objectives devised for each of the SEA topics that were included. Where possible, alternatives to each of the policy areas were also considered.

The overall outcome of the assessment found that there will be beneficial effects arising in respect of each of the policy areas. The majority of the benefits were found to be in relation to cultural heritage which is consistent with the subject matter of the SG. However, there were also predicted to be minor benefits for human health, population and biodiversity.

During the initial assessment potentially adverse effects were being predicted for biodiversity in relation to three out of the five policy areas. This was found to be due to the conditions of some older structures which are often ideal conditions for roosting and breeding bats, which are European protected species. It was considered that there was inadequate mitigation contained within the SG in order to ensure the adequate protection of such species, in line with European legislation. However, the suggested mitigation measures were all rejected on the basis that there was adequate protection contained within the natural heritage policy of the LDP, to which the SG is statutorily linked. The residual effects assessment took account of this and a more accurate weighting was attributed to biodiversity, acknowledging the context within which the SG will operate.

Monitoring of effects

A monitoring strategy has been devised for the purposes of determining the environmental performance of the SG. Where any unexpected adverse effects begin to occur this should be picked up by the monitoring strategy and action taken accordingly. Over time, environmental benefits within South Ayrshire should become apparent through trends in environmental data. Monitoring is a key part of the SEA process and will provide essential information which can be used to guide future development.

Programme

This ER has been presented for public and statutory consultation at the same time as the HESG. The consultation period commences on 13th May 2013 and will run for a period of 5 weeks.

Activity / Publication date
SEA screening report submitted / 24/04/12
SEA scoping report submitted / 09/11/12
Draft ER and SG issued for consultation / 13th May 2013
Adoption of HESG / Spring 2014
Post-adoption statement issued. / Spring 2014

1.Introduction

1.1Purpose of this Environmental Report and Key Facts

As part of the preparation of the Historic Environment Supplementary Guidance, South Ayrshire Council is carrying out a Strategic Environmental Assessment (SEA). SEA is a systematic tool for considering the likely environmental effects of Plans, Programmes and Strategies (PPS). The purpose of this Environmental Report is to identify and record the likely significant environmental effects of implementing the Historic Environment: Supplementary Guidance (HESG). SEA aims to:

• Integrate environmental factors into PPS preparation and decision-making;
• Improve PPS and enhance environmental protection;
• Increase public participation in decision-making; and
• Facilitate openness and transparency of decision-making.

1.2Statutory Requirement

This Environmental Report has been prepared in accordance with Section 5 (3) of the Environmental Assessment (Scotland) Act 2005 (hereafter referred to as the Act). The Act requires an SEA to be carried out on certain plans, programmes and strategies prepared by public authorities that are envisaged to have a likely significant environmental effect. The Act identifies a number of key stages to be undertaken for a SEA and these are outlined below:

Screening
This process determines whether the specified PPS has the potential to have significant environmental effects and therefore if an SEA is required. Under Section 5 (3) (a) of the SEA Act, a Screening Report was not necessary for the HESG and therefore a decision was taken to advance to the scoping stage.
Scoping
Section 15 of the SEA Act requires a scoping exercise to be undertaken in advance of preparing the Environmental Report. This sets out sufficient information on the South Ayrshire Council LDP to enable the Consultation Authorities (CAs) (Historic Scotland, Scottish Environment Protection Agency (SEPA) and Scottish Natural Heritage (SNH)) to form a view on the consultation period as well as the scope, methodology and level of detail that will be appropriate for its accompanying Environmental Report.
Environmental Report
Aims to identify, describe and evaluate the likely significant effects on the environment of implementing the plan and its reasonable alternatives (Section 14(2) of the Act). The Environmental Report is the key consultation document in the SEA process because it provides an explanation of the environmental effects along with an opportunity to comment.
Consultation
The Environmental Report will be presented for public and statutory consultation during the same period as is HESG. The consultation period will commence on ??and will run for ?? weeks to allow for full representations to be made.
Post – Adoption Statement
Provides information onthe adopted plan and how consultation comments were taken into account. This will be undertaken and published once the HESGhas been adopted.
Monitoring
Section 19 of the SEA Act requires the Responsible Authority to monitor significant environmental effects of implementing the PPS. This must be done in such a way as to also identify unforeseen adverse effects and to take appropriate remedial action.

1.3Key Facts

Table 2-1 contains the key facts relating to the HESG.

Table 2-1: Key Facts

Key Facts / Detail
Responsible Authority / South Ayrshire Council
Title of Plan / Programme / Historic Environment: Supplementary Guidance
What Prompted the Plan / The preparation of the South Ayrshire Local Development Plan
Plan Subject / Historic Environment
Period Covered by Plan / 2013 – 2018
Frequency of Updates / 5 yearly
Plan Area / Whole of South Ayrshire
Plan Purpose and / or Objectives / To supplement the policies of the South Ayrshire Local Development Plan and to provide a framework for the protection, conservation and enhancement of specific elements of the historic environment and to allow the assessment of the impact of proposed development affecting certain features of the historic environment and their setting. Supplementary guidance is a material consideration in the determination of planning applications.
Contact Point / Kenny Campbell
South Ayrshire Council
Burns House
Burns Statue Square
Ayr
KA7 1UT
01292 616125

1.4SEA Activities to date

Through the formulation of the objectives for the HESG, it became apparent that there was potential for significant environmental effects. It was therefore considered that an SEA screening exercise was unnecessary and that the Council could proceed straight to the scoping stage.

A scoping report was prepared at the beginning of November 2012 and sent to the consultation authorities. The consultation authorities were given a five week period within which the Council would accept responses on the content of the scoping report. Following receipt of the responses, the comments received were taken into account, fed into the process and are reflected within this environmental report. Appendix B sets out how each of the points raised by the consultation authorities has been addressed.

2.Context

2.1Historic Environment Supplementary Guidance

South Ayrshire Council approved the commencement of a Local Development Plan (LDP) for South Ayrshire in March 2009. The most recent stage in this process was the issuing of the South Ayrshire Proposed Local Development Plan (SAPLDP) for consultation on 27th August 2012. The SAPLDP contains a policy on the historic environment which is intended to provide for the protection and effective management of features of the historic environment. However, it was clear that there was not sufficient detail within the policy in order to provide the necessary level of guidance and as such, the Council has decided to produce supplementary guidance to fill that void.

The HESG will therefore be used to supplement the South Ayrshire Local Development Plan, once adopted. The document will provide for greater certainty in the planning application process, ensuring that applicants’ are aware of what the Council would consider to be acceptable and also outlining the criteria which will be used to assess applications.

The HESG will be used to provide greater detail in relation to how the Council will view proposals affecting specific features of the historic environment. The SG will specifically consider listed buildings, conservation areas, scheduled monuments, design quality and historic gardens and designed landscapes. The objectives of the SG are as follows:

• to provide guidance on the historic environment which should be considered in formulating development and assessing development proposals.

• to promote better understanding and appreciation of the historic environment.

• to protect and enhance the historic environment.

• to ensure that all development proposals take proper account of local distinctiveness.

• to explain how the protection of the historic environment and the promotion of opportunities for change can contribute to sustainable development.

The Council is currently in the process of preparing a suite of supplementary guidance documents. It is important that these documents are available at the time of adoption of the SALDP, ensuring that the Plan is supplemented by all of the necessary information. The HESG forms part of that suite of documents.

2.2Relationship with other PPS and environmental objectives

Schedule 3 of the Environmental Assessment (Scotland) Act 2005 requires the Environmental Report to contain details of the relationship of the SG with other PPSs, and that the environmental objectives identified in relevant PPSs are taken into account in the preparation of the environmental report.

There are a number of documents which could influence or be influenced by the SG. The relevant PPSs range from those at international to those at local level. A summary of the most relevant PPSs and their implications for the SG are set out within Table 2-1. The full list of PPSs relevant to the SG is set out within Appendix A.

Table 2-1 Relevant PPSs and associated implications

Name of PPS / Key issues / Implications for the SG
EC (SEA) Directive 2001/42/EC / Defines the criteria under which an SEA must be conducted. Aims to contribute to the integration of environmental considerations into the preparation and adoption of plans with a view to promoting sustainable development by ensuing that an environmental assessment is carried out. / It states that an environmental assessment must be implemented for plans and programmes relating to town and country planning in accordance with Annexes I and II of the Directive 85/337/EEC.
The Habitats Regulations 1994 / This piece of legislation sets out the protection afforded to European Protected Species (EPS). Of particular relevance to the SG is the EPS, bats. The breeding and hibernating requirements of bats are often met by conditions in historic or listed buildings because of the construction materials, design and scale of such buildings. / The SG must recognise the natural heritage value of listed buildings, particularly those which are lying vacant and ensure that appropriate provisions are in place to manage any impacts upon EPS.
Scottish Planning Policy (SPP) / Sets out national planning policy in relation to the historic environment including listed buildings, conservation areas and historic gardens and designed landscapes. Development plans should provide the framework for the protection, conservation and enhancement of all elements of the historic environment and its setting. / The LDP SG should take account of the principles set out within this policy and ensure consistency with national planning policy.
Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 / Prescribes the approach to be taken in planning for listed buildings and conservation areas. / The LDP and SG should ensure that listed buildings, conservation areas and designed landscapes and gardens are not adversely affected by new development.
Ancient Monuments and Archaeological Areas Act 1979 / Gives legal protection to scheduled monuments and important archaeological areas. / The LDP and SG should ensure that scheduled monuments and archaeological areas are not adversely affected by new development.
Scottish Historic Environment Policy (December 2011) / Sets out the overall framework for the historic environment and notes particular challenges for the historic environment including the adverse effects of inappropriate development on conservation areas, delivery of renewable energy and short term visions for the development of places. / The LDP and SG should ensure that planned development will not adversely affect the historic environment.
Planning Advice Note (PAN) 2/2011: Planning and Archaeology / Scheduled monuments come in a number of different forms, including areas of land which are identified as having archaeological value despite there being no identifiable features on the site. This document provides advice to local authorities in terms of how the presence of such features should be addressed in determining development proposals. / The SG should ensure that guidance relating to scheduled monuments is consistent with this PAN.
South Ayrshire Proposed Local Development Plan / The document sets out spatial priorities for South Ayrshire and secures land zoning for specified uses to provide increased certainty for development. It contains a Historic Environment policy designed to provide for the protection, conservation and enhancement of the historic environment. / The SG must ensure consistency with the LDP, whilst providing a more detailed level of guidance than that set out within LDP Policy: Historic Environment.
South Ayrshire Local Plan / This forms part of the current development plan for South Ayrshire and forms the basis of much of the information which will be contained within the SG. / Much of the information contained within the SALP remains relevant and it therefore forms a useful basis for informing the LDP and SG.
Let’s Make Scotland More Active (2003) / Aims to ensure that the Scottish population becomes more active, setting the target of all adults accumulating at least 30 minutes of moderate exercise on most days of the week, and an hour for children. This will have marked health benefits for the Scottish population and contribute towards ridding Scotland of its ‘sick man of Europe’ tag. / The preservation, enhancement and restoration of valuable built heritage resources can encourage recreation and it is clear that the LDP and SG have a role to play in encouraging such activities, even if this is done indirectly.
Land Reform (Scotland) Act 2003 / Establishes rights of way across land and rights of communities to buy lands. It also imposes certain duties on local authorities in relation to access on and over land in their areas and, in particular, requires them to draw up and adopt a plan of core paths in their areas. / Many of the core paths run within close proximity of valued features of the historic environment and it is therefore important to encourage the reuse, enhancement and restoration of such features and this has links to human health.

2.3Environmental implications of relevant PPSs