1. Introduction

1.1            Overview

1.1 Overview

ITPEnergised was appointed by SSE Renewables, to undertake a Preliminary Ecological Appraisal informed by an ecological desk study and extended Phase 1 habitat survey for the onshore transmission works of the proposed Berwick Bank offshore wind farm development at Torness, southeast of Dunbar (hereafter referred to as the ‘Site’). The Site has central Ordnance Grid Reference: NT 74632 73282. The Study Area comprised the Site (landward of the Mean Low Water Spring (MLWS)) and up to a 500 m buffer dependent on the feature of interest (as shown on Figure 7.1.1).

The purpose of the extended Phase 1 habitat survey was to document the habitats present within the Site and immediately adjacent areas. The potential for protected or otherwise notable species to be present within the Site was also assessed to inform further survey requirements. The survey included a Preliminary Roost Assessment (PRA) of all buildings, structures and trees within the Site and a 50 m buffer. The results of the PRA including survey methods are reported upon within Volume 4, Appendix 7.3 (ITPEnergised, 2022a).

This report describes the methods used to gather and record information for the Site and summarises the findings of the study.

1.2            Site Description

1.2 Site Description

The Site is approximately 600 hectares (ha) in size and extends from north-west of Skateraw Harbour to Bilsdean in the south. The A1 trunk road and the East Coast Main Line (ECML) railway pass through the Site from the north-west to the south-east. The Site largely comprises agricultural land with a mixture of arable and grazed fields. Braidwood Burn and Ogle Burn run through the western reaches of the Site, Thornton Burn and Branxton Burn runs through the centre of the Site, Dry Burn runs through the north of the Site and Bilsdean Burn runs through the south of the Site. These watercourses are commonly associated with corridors of scrub and mixed woodland habitat.  The Site also encompasses a number of small hamlets and farm steadings. Larger settlements include Crowhill, Branxton and Lawfield to the south of the A1 trunk road and Skateraw and Thorntonloch to the north.  The Site includes areas of the coastline the landfall locations to the north of Torness Point.

2.            Legislation, Policy and Guidelines

2. Legislation, Policy and Guidelines

An overview of relevant legislation, policy and guidance is provided below.

2.1            Legislation

2.1 Legislation

Full consideration has been given to the relevant nature conservation legislation when carrying out this assessment. This includes the following:

       The Conservation of Natural Habitats and Wild Flora and Fauna (the ‘Habitats Directive’) 1992 (92/4/3EEC) (European Commission, 1992), transposed into Scots law by the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended);

       Directive (2009/147/EC) of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (the ‘Birds Directive’) (European Commission, 2009), transposed into Scots law by the Conservation (Natural Habitats, &c.) Regulations 1994 (as later amended);

       The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended);

       Wildlife and Countryside Act 1981 (as amended) (WCA);

       Protection of Badgers Act 1992 (as amended);

       The Wildlife and Natural Environment (Scotland) (WANE) Act 2011 (as amended); and

    The Nature Conservation (Scotland) Act 2004 (as amended) which places a statutory duty on all public bodies to further the conservation of biodiversity through the Scottish Biodiversity Strategy, with Scottish priority species and habitats listed on the Scottish Biodiversity List (SBL), itself based on the former UK Biodiversity Action Plan (UKBAP), and regional biodiversity targets defined through the Local Biodiversity Action Plan (LBAP).

Legislation specific to otter, badger and great crested newts including details of all actions which would constitute an offence, is detailed fully within Annex A.

2.2            Policy Framework

2.2 Policy Framework

The policies set out in Annex B are those relevant to nature conservation and include those from National Planning Framework 4 (NPF4) (Scottish Government, 2023), Planning Advice Note 60: Planning for Natural Heritage (Scottish Government, 2000) and the East Lothian Council Local Development Plan (LDP) (East Lothian Council, 2018).

2.3            Good Practice Ecological Guidance

2.3 Good Practice Ecological Guidance

In preparing this work, cognisance has been taken of the Chartered Institute of Ecology and Environmental Management (CIEEM) good practice guidelines and survey methods (CIEEM, 2017 and 2018). The extended Phase 1 habitat survey is based on the Joint Nature Conservation Committee (JNCC) guidelines for Phase 1 habitat survey (JNCC, 2010). In addition, cognisance has been taken of the following best practice guidelines and survey method publications in relation to badgers (Meles meles), otter (Lutra lutra), water vole (Arvicola amphibius) and great crested newt (Triturus cristatus):

2.3.1           Otter

       Competencies for Species Survey: Otter (CIEEM, 2013a); and

       Monitoring the Otter Lutra lutra (Chanin, 2003).

2.3.2           Water vole

       Competencies for Species Survey: Water Vole (CIEEM, 2013b); and

       The Water Vole Mitigation Handbook (Dean et al., 2016).

2.3.3           Badger survey

       Competencies for Species Survey: Badger (CIEEM, 2013c); and

       Surveying for Badgers: Good Practice Guidelines (Scottish Badgers, 2018).

2.3.4           Great crested Newt

       Competencies for Species Survey: Great Crested Newt (CIEEM, 2013d); and

       Evaluating the suitability of habitat for the great crested newt (Triturus cristatus) (Oldham et al., 2000).

3.            Biodiversity Priorities

3. Biodiversity Priorities

3.1            Scottish Biodiversity List

3.1 Scottish Biodiversity List

Scottish Ministers created the Scottish Biodiversity List (SBL) (Scottish Government, 2013) in 2005 to satisfy the requirements under Section 2(4) of the Nature Conservation (Scotland) Act 2004 and assist public bodies in carrying out conservation of biodiversity, as well as to provide the general public with information regarding conservation within Scotland. The SBL comprises species and habitats listed using both scientific and social criteria. Only scientific criteria are considered relevant to this report. They include the following:

       All UK Priority Species present in Scotland;

       Species which Scotland has an international obligation to safeguard;

       All species defined as nationally rare at a UK level that are present in Scotland;

       Species with populations present (resident, wintering or breeding) in 5 or fewer 10 km squares or sites in Scotland;

       All species that are endemic to Scotland;

       Any sub-species or race that is widely recognised and accepted by the scientific (or other relevant) community and that is endemic to Scotland, if it also meets one of the other criteria; and

       Natural and semi-natural habitats that are known to be particularly important for supporting assemblages of plant or animal groups that are data deficient, such as fungi, bryophytes, lichens, algae and invertebrates.

3.2            Local Biodiversity Reporting

3.2 Local Biodiversity Reporting

The East Lothian Biodiversity Partnership published the first edition of the East Lothian Biodiversity Action Plan (LBAP) in 2008 (East Lothian Biodiversity Partnership, 2008). A more recent version is not publicly available but it is considered that the 2008 document remains relevant.  The LBAP outlines priority habitats and species for East Lothian.  Those Priority Habitats relevant to the Site include:

       Woodland Habitats:

• Scrub; and
• Veteran trees.

       Rivers and Wetlands:

• Burns and Rivers.

       Farmland:

• Neutral grasslands;
• Hedgerows; and
• Cereal field margins.

       Urban Habitats:

• Urban Woodland; and
• Greenspace Networks.

       Coastal habitats:

• Sand dunes;
• Estuarine habitats, saltmarsh, mudflats; and
• Intertidal habitats.

Those Priority Species or Species Groups relative to the Site include:

       Great crested newt;

       Otter;

       Badger;

       Red squirrel (Sciurus vulgaris);

       Water vole;

       Bats (all species);

       Farmland birds;

       Migrants; and

       Waders.

3.3            Birds of Conservation Concern 5 (BoCC)

3.3 Birds of Conservation Concern 5 (BoCC)

The leading government (JNCC) and non-government conservation organisations in the UK jointly reviewed the population status of the 246 bird species that are regularly found within the United Kingdom, using data from national monitoring schemes. This was most recently done in 2021 (Stanbury et al., 2021). On the basis of seven quantitative criteria, each species has been placed on one of three lists, these being:

       Red – red-listed species are those that are globally threatened, have had an historical population decline in the UK from 1800 -1995, a rapid (> or = 50%) decline in UK breeding population over the past 25 years, or a rapid (> or = 50%) contraction of UK breeding range over the past 25 years;

       Amber – amber-listed species have had a historical population decline from 1800-1995 but are recovering; population size has more than doubled over the past 25 years, a moderate (25-49%) decline in UK breeding population over the past 25 years, a moderate (25-49%) contraction of UK breeding range over the past 25 years, a moderate (25-49%) decline in UK non-breeding population over the past 25 years, or species with unfavourable conservation status in Europe also known as Species of European Conservation Concern (SPEC); and

       Green – green-listed species have no identified threat to their population status.

4.            Methods

4. Methods

4.1            Desk Study

4.1 Desk Study

The ecological desk study was carried out using a range of publicly available information sources to provide an understanding of the ecological context of the Study Area.

In terms of statutory nature conservation designations, the desk study identified any international and national designations, such as Special Protection Areas (SPAs), Special Areas of Conservation (SACs), Sites of Special Scientific Interest (SSSIs), National Nature Reserves (NNRs) or Local Nature Reserves (LNRs) within 5 km of the Site (extended to 20 km when considering SPAs designated for geese). Only ecological (biological) features were considered relevant to the present study. Any non-statutory designations, such as Environmentally Sensitive Areas (ESA), Local Biodiversity Sites (LBS), Sites of Interest for Nature Conservation (SINCs), RSPB Important Bird Areas, Scottish Wildlife Trust Reserves (SWTR) or woodland areas included on the Ancient Woodland Inventory (AWI), were identified within a 2 km distance of the Site boundary.

Existing records for protected or otherwise notable species (e.g. SBL/LBAP priority species) were identified with a 5 km distance of the centre point of the Site (NT 30770 71363). Only records from the last 10 years were considered relevant to the study.

The local biological records centre, The Wildlife Information Centre (TWIC), was approached for records. Additional data sources consulted included the following online databases:

       NBN Atlas (NBN Atlas, 2020);

       NatureScot SiteLink (NatureScot, 2020);

       Scotland’s Environment Web (SEPA, 2015); and

       Ancient Woodland Inventory (Scotland) (Scottish Natural Heritage, 2018).

4.2            Extended Phase 1 Habitat Survey

4.2 Extended Phase 1 Habitat Survey

An extended Phase 1 habitat survey was undertaken between the 21st and 27th July 2020, by Stuart Abernethy, Ecologist, following the standard JNCC survey methodology (JNCC, 2010) which is a technique for classifying and mapping habitats. Further, targeted updates were made on 15th October 2020 by Stuart Abernethy and Richard King, Principal Ecologist. An update walkover survey was completed by Stuart Abernethy in June and July 2021 to ground truth the results of the previous years’ surveys and note any changes to the baseline. During the surveys, habitats larger than 0.1 ha were mapped within the study area. Where applicable, dominant plant species were recorded and habitats were classified according to their vegetation types. A series of target notes (TNs) were also produced to describe representative habitats and features of interest. TNs were also recorded to describe habitats too small to be mapped. Plant nomenclature follows that of Stace (2010).

If present, invasive plant species such as Japanese knotweed (Fallopia japonica), giant hogweed (Heracleum mantegazzianum) and Himalayan balsam (Impatiens glandulifera) were identified and mapped as well as significant stands of other non-native plant species listed on Section 9 of the WCA (1981) as amended in Scotland through the WANE (Scotland) Act 2011.

The habitats within the survey area were assessed in terms of their suitability to support protected or otherwise notable species, such as amphibians, reptiles, breeding birds, bats, water vole (Arvicola amphibius), badger (Meles meles) and otter (Lutra lutra). Any incidental field sign indicating presence of these species was recorded.

Wetlands with potential groundwater dependence were subject to National Vegetation Classification using the methods in Rodwell (2006).

4.3            Great Crested Newt Habitat Suitability Index Assessment

4.3 Great Crested Newt Habitat Suitability Index Assessment

Waterbodies within the Site and within 500 m of the Site (where accessible) were assessed for their potential to support great crested newt (GCN) using a Habitat Suitability Index (HSI) (Oldham et al., 2000).

The HSI is a measure of habitat suitability for GCN. Ten key habitat criteria are assessed for the calculation: Geographic location (SI1), pond area (SI2), pond permanence (SI3), water quality (SI4), pond shading (SI5), number of waterfowl (SI6), occurrence of fish (SI7), pond density (SI8), terrestrial habitat quality (SI9) and macrophyte content (SI10). Each habitat criteria is assigned a value between 0 (highly unsuitable) and 1 (highly suitable). The geometric mean of these values provides an overall suitability score for the waterbody using the following equation: HSI = (SI1 x SI2 x SI3 x SI4 x SI5 x SI6 x SI7 x SI8 x SI9 x SI10) 1/10. This score is then used to categorise a waterbody’s suitability for use by GCN as shown below:

       < 0.5 = Poor;

       0.5–0.59 = Below Average;

       0.6–0.69 = Average;

       0.7–0.79 = Good; and

       >0.8 = Excellent.

ARG UK (2010) states that HSI scoring can be useful in:

       ‘Evaluating the general suitability of a pond, or ponds, for great crested newts;

       Comparing general suitability of ponds across different areas;

       Evaluating the suitability of receptor ponds in a proposed mitigation scheme; and

       Identifying habitat management priorities.’

4.4            Survey Limitations

4.4 Survey Limitations

4.4.1           Extended Phase 1 Habitat Survey

The extended Phase 1 habitat survey was undertaken within the optimal survey season from April to September, inclusive, and conditions were suitable for survey. Some targeted updates were made in mid-October but involved habitats that were readily classifiable, because species remained present and identifiable.

4.4.2           Great crested newt HSI survey

There was no access to ponds within the Viridor site, to the northwest of the Site.

5.            Results

5. Results

5.1            Desk Study

5.1 Desk Study

5.1.1           Nature Conservation Designations

In terms of statutory designations, one designation of international importance and five designations of national importance lie within 5 km of the Site, including one SPA designated for geese. Additionally, one further SPA designated for geese was identified within 20 km and five non-statutory local designations are within 2 km. Statutory nature conservation designations are detailed in Table 1 below and shown on Figure 7.1.2. Non-statutory nature conservation designations are detailed in Table 1 below and shown on Figure 7.1.3

Table 1: Statutory and Non-Statutory Nature Conservation Designations

As shown on Figure 7.1.3 and detailed below in Table 2 below, 29 areas of ancient woodland were identified within 2 km of the Site.

Table 2: Ancient Woodland within 2 km of the Site

5.1.2           Invasive Non-native Species

The records from TWIC included the following 10 species of non-native invasive species within 2 km of the Site boundary (TWIC, 2021):

       Austrian pine (Pinus nigra);

       Garden Lady's-mantle (Alchemilla mollis);

       Few-flowered Garlic (Allium paradoxum);

       Giant hogweed (Heracleum mantegazzianum);

       Hybrid bluebell (Hyacinthoides non-scripta x hispanica = H. x massartiana);

       Indian balsam (Impatiens glandulifera);

       Monkeyflower (Mimulus guttatus);

       Cherry laurel (Prunus laurocerasus);

       Rhododendron (Rhododendron ponticum); and

       Snowberry (Symphoricarpos albus).

5.1.3           Terrestrial Fauna

Data obtained from TWIC (TWIC, 2021) and NBN Atlas (NBN Atlas, 2020) included records of 22 protected or otherwise notable species within 5 km of the Site; see Table 3.

Table 3: Protected or Otherwise Notable Non-avian Species

A total of 128 bird species have been recorded within 5 km of the Site in the last ten years. Of these, 31 species are listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended), 23 are listed within Annex 1 of the Birds Directive 2009, and 44 are listed on the SBL. Thirty are included on the BoCC Red List and a further 51 species are Amber-Listed; see Table 4, below. The full list of bird species recorded within 5 km of the Site is provided in Table C1, Annex C.

Table 4: Protected or otherwise Notable Bird Species

5.2            Extended Phase 1 Habitat Survey

5.2 Extended Phase 1 Habitat Survey

5.2.1           Habitats

The Study Area for the Phase 1 habitat survey encompassed the Site and 250 m buffer, excluding the area seaward of the MHWS. The habitats recorded within the Study Area are detailed below and shown in Figure 7.1.4 and Figure 7.1.5 and Target Notes (TNs) are detailed in Annex D, Table D.1, and shown on Figure 7.1.4 and Figure 7.1.5 Scientific names of plant species are provided in Annex D. Twenty-nine habitats were recorded during the survey and are listed in Table 5 below.

Table 5: Habitats recorded within the Site and 250m buffer

5.2.1.1     Broadleaved, semi-natural woodland (A1.1.1)

Mature broadleaved, semi-natural woodland extends along the Braidwood Burn (TN1), Thornton Burn (TN2) and Thurston Burn (TN3) corridor through the centre of the Site. The canopy is dominated by ash, beech and sessile oak with occasional Scots pine. Gorse, hawthorn, elder and bramble were recorded in the understorey. Ground flora included great wood-rush, male-fern, butterbur and bracken. Part of this woodland forms Thornton Glen SWT which borders the Site. A small area of broadleaved, semi-natural woodland borders the Site to the east of Thorntonloch Holdings (TN4). This woodland is listed on the AWI as LEPO 2b.

5.2.1.2     Broadleaved, plantation woodland (A1.1.2)

An area of broadleaved plantation woodland surrounds Orchard House in Skateraw, outwith the Site (TN5).

5.2.1.3     Coniferous, semi-natural woodland (A1.2.1)

A strip of coniferous, semi-natural woodland lies along the road to the west of Branxton Cottage (TN6). This woodland is listed on the AWI as LEPO 2b.

5.2.1.4     Coniferous, plantation woodland (A1.2.2)

An area of coniferous plantation dominated by Scots pine borders the A1 trunk road to the south of Skateraw (TN 7). The woodland extends north and south along a drainage ditch.

5.2.1.5     Mixed, semi-natural woodland (A1.3.1)

Mixed, semi-natural woodland can be found at the south-east of the study area (TN8 and TN9) where it provides excellent badger habitat and along the Dry Burn at the north-west of the Phase 1 habitat Study Area and along Skateraw Dean (TN10)

5.2.1.6     Mixed, plantation woodland (A1.3.2)

Mixed, plantation woodland was recorded within the Site to the north of Skateraw, bordering arable fields (TN11) and within the Viridor site outwith the western Site boundary.

5.2.1.7     Dense/continuous scrub (A2.1)

Dense scrub is found within the Site running adjacent to the Thornton Burn (TN12) and Braidwood Burn (TN13), Dry Burn and bordering an arable field at the west side of the Site (TN14).

5.2.1.8     Scattered scrub (A2.2)

Scattered gorse scrub is found adjacent to Dry Burn (TN15) and bordering areas of dense scrub within the study area.

5.2.1.9     Broadleaved scattered trees (A3.1)

Scattered broadleaved tree lines were recorded along roadsides (TN16) and field margins (TN17).  This habitat was also often recorded around properties.

5.2.1.10  Semi-improved neutral grassland (B2.2)

Semi-improved grassland recorded at the north-west of the Site lying between coastal grassland and arable land as it following the North Atlantic coastline from north to south before reaching Torness power station (TN18), along access track to the south of the Thornton Burn (TN19), along roadside edges (TN20) and bordering coastal grassland at the north-west of the Site (TN21).

5.2.1.11  Improved grassland (B4)

Improved grassland is the dominant habitat type found within the Site and wider Study Area often used for grazing sheep or horses. Typical examples of this habitat are provided in TN22-24.   

5.2.1.12  Bracken (C1.1)

Area of continuous bracken found at the southern reaches of the study area (TN25).

5.2.1.13  Tall ruderal (C3.1)

Area of tall ruderal along the Branxton Burn where it ends at the North Atlantic (TN26).

5.2.1.14  Bryophyte dominated spring (E2.3)

Bryophyte-dominated spring vegetation occurs locally within a c 100 m length of coastal cliff in the southeast of the Study Area (TN54). It is dominated by the bryophyte Palustriella commutata and red fescue, with other species including colt’s-foot, sea plantain, marsh thistle, ragwort, marsh marigold and marsh horsetail. Water drips through the community and areas of bare mud are present, suggesting local slippage. The vegetation conforms with the M37 Palustriella commutata[1]-Festuca rubra spring community of the NVC.

5.2.1.15  Standing water (G1)

Six waterbodies were identified within the study area. One waterbody is fed by Kames Well (TN27), one is fed by Ogle Burn (TN28) and one lies within woodland at Skateraw (TN29). Three waterbodies lies within the Viridor site (TN30, TN31 and TN32), but there was no access to this area to fully survey.

5.2.1.16  Running water (G2)

Running water within the study area includes Braidwood Burn, Thornton Burn (TN33 and TN36), Skateraw Dean (TN34), the Dry Burn (TN35 and TN37), Thurston Mains, Ogle Burn and Branxton Burn. Weirs were present along Thornton Burn, Dry Burn and Bilsdean Burn that were impassable to fish. 

5.2.1.17  Intertidal mud/sand (H1.1)

Found along the coastline at the east side of the study area (TN38) and at Skateraw harbour.

5.2.1.18  Intertidal Boulders/rocks (H1.3)

Boulders and rocks both intertidal and above the high tide mark are found to the west of Torness Point (TN39) and south-east of Thornton Loch Caravan park.

5.2.1.19  Shingle above high tide mark (H3)

Shingle above high tide lies between coastal grassland and intertidal mud/sand at south-eastern reaches of the study area (TN40) and to the west of Torness Point along Skateraw Harbour.

5.2.1.20  Dune grassland (H6.5)

A small area of dune grassland is found to the south-east of Thornton Loch Caravan Park within the eastern reaches of the Site, running adjacent to the coastline. This habitat is also associated with the Barns Ness Coast SSSI to the west of the Site.

5.2.1.21  Coastal grassland (H8.4)

Coastal grassland was recorded along the edge of the rocky intertidal habitat within Barns Ness SSSI (TN41).

5.2.1.22  Arable (J1.1)

Arable land comprises approximately 20% of the Site. Examples of this habitat type are given in TN42-46.

5.2.1.23  Intact, species-poor hedge (J2.1.2)

Species-poor, intact hedgerow border improved and arable fields throughout the study area (TN47).

5.2.1.24  Defunct, species-poor hedge (J2.2.2)

Species poor, defunct hedgerow dominated by hawthorn are also commonly found throughout the study area, bordering improved grassland and arable fields (TN48-49).

5.2.1.25  Wall (J2.5)

Stone walls are frequently found throughout the study area as field boundaries and around properties. The height of walls vary considerably from c.0.5 m to over 2 m. A typical boundary wall is shown in TN51.

5.2.1.26  Buildings (J3.6)

Multiple residential and farm buildings can be found throughout the Site and wider study area.

5.2.1.27  Bare ground (J4)

Bare ground is found associated with residential and farm buildings for the movement and storage of vehicles, plant or machinery. Often small areas of <0.1 ha.

5.2.1.28  Other (incl. roads/railway line) (J5)

The A1 trunk road runs through the east to the west of the Site with smaller roads criss-crossing the Site. The East Coast Main Line (ECML) railway also runs from the north-west of the Site to the south-west, passing under the A1 trunk road. Ground within the boundaries of residential properties and farms was also mapped under this code.

5.2.2           Invasive Non-Native Species

5.2.2.1     Japanese knotweed

One area of Japanese knotweed was found within the Site at the north side of Thornton Burn estimated to be c.50 m² in area (TN50).

5.2.2.2     Himalayan balsam

Two areas of Himalayan balsam were found within the Site during the PEA walkover surveys. One area extends for c.50 m along a roadside ditch next to a stone wall (TN51) and the other extends for c.100 m along a roadside ditch next to an unmanaged hedgerow (TN52). In addition to this, an area of Himalayan balsam was identified during preconstruction checks by the ECoW ahead of site investigation works (pers. comm. Mohr Environmental, 12.07.2022) in July 2022 (TN55).

5.2.3           Groundwater-dependent Terrestrial Ecosystmes (GWDTEs)

M37 bryophyte spring is likely to be highly groundwater dependent (SEPA, 2017). M37 occurs on ground kept permanently moist by irrigation with base-rich, calcareous and generally oligotrophic waters. The community is known to occur near coastal areas in East Lothian (Averis et al. 2014).

5.2.4           Protected or Otherwise Notable Species

5.2.4.1     Foraging and commuting bats

The Site and immediately surrounding areas present a variety of suitable foraging, commuting and potential roosting habitat for bat species, with a mix of woodland edge habitat, tree lines, hedgerows, field margins and open spaces. A number of watercourses traverse the Site and the associated riparian vegetation provides high quality foraging and commuting habitat for bats including water habitat specialists such as Daubenton’s bat. Linear features are also in abundance within the Site, including hedgerows, walls, strips of scrub and arable field boundaries which provide bats with connectivity to the wider area and a large potential resource of commuting and foraging habitat beyond the Site. No incidental evidence of bat use was recorded during the survey.

5.2.4.2     Otter

The desk study found records of otter within the Site. During the survey one otter spraint was found underneath a bridge within the Site next to the Thornton Burn beneath a railway underbridge. The watercourses within the Site and wider study area provide excellent foraging and commuting habitat for otter, connecting the coastline to inland habitats. The Thurston Mains Burn, Thornton Burn and Braidwood Burn in particular provide optimal otter habitat with bankside mature tree root systems and rock formations providing numerous opportunities for resting sites. Dense scrub habitat along Dry Burn and Ogle Burn also provide sheltered commuting routes for otter and potential resting site habitat.

5.2.4.3     Water vole

The desk study found one record of water vole within 2.3 km south-east of the Site. No incidental evidence of water vole was observed during the survey. The main watercourses within the Site including Dry Burn and Thornton Burn, and smaller watercourses such as the Branxton Burn, are considered to provide suitable habitat for water vole due to slow flowing water and suitable bankside vegetation cover.   

5.2.4.4     Badger

The desk study found records of badger within 2 km of the Site, the closest record was within 0.7 km north of the Site. The habitats within the Site and adjacent areas including woodland, scrub, arable and grassland fields are considered highly suitable for badger providing numerous opportunities for sett building, quality foraging habitat and habitat corridors to facilitate badger dispersal and movement within the wider landscape. 

No badger setts were identified within the Site, however four badger setts were identified within the wider Study Area.  Full details of the setts are contained within Confidential Volume 5, Appendix 7.2 (ITPEnergised, 2022).

A number of established mammal paths were found throughout the areas of woodland that could be used by badger though roe deer (Capreolus capreolus) were also noted during the survey.

5.2.4.5     Reptiles

The desk study found records of common lizard (Zootoca vivipara) within 2 km of the Site and adder (Vipera berus) within 4 km of the Site. The habitats within the study area are considered less likely to support adder; however, areas of rough, tussocky grassland along field margins and burn corridors, overgrown rubble piles, stone walls and scrub habitat provide suitable terrestrial habitat for common lizard. The areas where these types of habitats are often encountered is at the centre of the Site close to the Thornton Burn, along the Dry Burn corridor and the south-west of the Site. Arable fields and improved grassland, which form the majority of the Site, are largely suboptimal for reptiles with suitable habitat confined to the field margins in these areas.

5.2.4.6     Great crested newt

The desk study found records of great crested newt within 3.8 km of the Site. There are six waterbodies within the study area that would be suitable for amphibians, including ponds formed from the Kames Well (TN27) which lies 300 m south-west of the Site boundary, the Ogle Burn (TN28) which lies 315 m south of the Site boundary, the Skateraw burn (TN29) which lies within the northern reaches of the Site and three ponds within the Viridor site (TN30-32), outwith the north-west Site boundary.

Kames Well is surrounded by a mix of scattered scrub with dense areas of gorse to the north side. The terrestrial habitat for great crested newt in this area of the Site is good and it allows covered commuting access to other waterbodies such as the drainage pond fed by the Ogle Burn to the east.

The drainage pond off of the Ogle Burn is surrounded by rough grassland, a stone wall to the west, woodland to the east and scrub habitat.  These habitats provide suitable foraging, commuting and refugia habitat.

The small waterbody of the Skateraw burn lies within an area of woodland, is completely shaded and has no suitable aquatic vegetation.

Two waterbodies within the Viridor site, could be viewed from a distance and appear to be situated within rough grassland, surrounded by scattered gorse scrub. This is likely to provide good terrestrial habitat.

An HSI assessment of the accessible waterbodies was conducted, the results of which are detailed fully in Annex E. In summary, Kames Well scored 0.71 (Good) and the waterbody fed by the Ogle Burn scored 0.78 (Good). The waterbody fed by the Skateraw Burn scored 0.46 (Poor). The waterbodies within the Viridor site could not be accessed to complete the HSI assessment.

5.2.4.7     Other Amphibians

The desk study found records of common frog and common toad within 1.1 km of the Site.  No incidental evidence of amphibian species were recorded during the survey. The waterbodies described above in 5.2.3.5 would also support other amphibian species. Rough grassland, woodland and scrub vegetation adjacent to watercourses within the Site were also considered to provide good refugia and foraging habitat for amphibians.

5.2.4.8     Breeding Birds

Habitats within the Site including woodland, tree lines, scrub, arable fields and grasslands provide high quality foraging and breeding habitat for a variety of farmland bird species. Sand martin (Riparia riparia) burrows were found along the sandy banks of Branxton burn (TN53).

Habitats within the Site such as the arable land to the north of the A1 trunk road were observed to be in use by pink-footed geese for feeding and loafing. This species is a qualifying interest of both the Outer Firth of Forth and St Andrews Bay Complex SPA and Firth of Forth SPA.  

5.2.4.9     Fisheries

Due to the presence of substantial weirs on Thornton Burn, Dry Burn and Bilsdean Burn, migration of fish upstream is considered unlikely. Therefore fish are not considered further.

6.            Discussion

6. Discussion

6.1            Nature Conservation Designations

6.1 Nature Conservation Designations

6.1.1           Assessment

6.1.1.1     Statutory nature conservation designations – SPAs

Given the potential for connectivity between the Proposed Development and the SPAs of which one is also a Ramsar site, there is a potential for activities associated with the Proposed Development’s construction and operation to result in adverse effects on the qualifying interests and conservation objectives of specific qualifying features. Consequently, a Habitat Regulations Appraisal (HRA) screening exercise was undertaken in September and October 2021 which, upon consultation with NatureScot and East Lothian Council, determined that an HRA was necessary to identify the nature, extent and significance of any adverse effects on a number of specific SPA qualifying and assemblage species and, if confirmed, whether these are likely to impact the integrity of the designation.

Following the HRA screening exercise a Report to Inform Appropriate Assessment (RIAA) was undertaken in relation to specific receptors due to the Site’s proximity to the following SPAs:

       Firth of Forth SPA/Ramsar;

       Outer Firth of Forth and St Andrews Bay Complex SPA;

       St. Abb’s Head to Fast Castle SPA; and

       Forth Islands SPA.

The RIAA (ITPEnergised, 2022b) included within Volume 1, Chapter 8 and standalone document, details the results of this assessment and must be read in conjunction with this document.

6.1.1.2     Statutory nature conservation designations – SSSIs

Barns Ness Coast SSSI overlaps with the Site at the landfall location. This SSSI is designated for its coastland habitats. Working methods will need to be adopted during the construction phase, in consultation with NatureScot, to avoid potential negative impacts.

The remaining SSSIs of Pease Bay Coast; Pease Bridge Glen; Woodhall Dean; and Lammermuir Deans lie between 1.15 km and 3.3 km from the Site boundary. Due to the separation distance and the nature of the proposed works these SSSIs are unlikely to be affected by the Proposed Development.

6.1.1.3     Non-statutory nature conservation designations

One SWT and four LNCS were identified during the desk study. Thurston Burn Valley LNCS and Dunglass Burn LNCS lie within the Site and Thornton Glen SWT and Dryburn Valley LNCS lie directly adjacent to the Site. The remaining site, Bilsdean Coast LNCS, lies 135 m east of the Site.  The footprint of the Proposed Development will not directly impact these sites however working methods will need to be adopted during the construction phase to avoid potential indirect negative impacts.

Twenty-nine areas of ancient woodland were identified within 2 km of the Site. Of these, two lie within the Site and three directly adjacent to the Site. The footprint of the Proposed Development will not directly impact these areas of woodland however working methods will need to be adopted during the construction phase to avoid potential indirect negative impacts.

6.2            Habitats

6.2 Habitats

6.2.1           Assessment

A large majority of the Site (c. 70%) is improved grassland or arable fields. Other habitats recorded within the Site included semi-improved neutral grassland, mature coniferous and broadleaved woodland, standing and running water, dense and scattered scrub, species-poor hedgerows and coastal habitats. Plant species diversity within the areas of improved grassland and arable fields was low, with higher species diversity recorded in less managed areas of the Site including field margins, mature woodland, dense scrub, semi-improved neutral grassland and coastal habitats. The plant species recorded within the Site and 100 m buffer were considered to consist of common and widespread species commonly found within sites of this nature in this part of Scotland.

As described in Section 3.2, scrub, veteran trees, burns and rivers, neutral grasslands, hedgerows, cereal field margins, sand dunes and intertidal habitats are priority habitats within the LBAP. There is scope to increase biodiversity within the Site by incorporating the measures and recommendations outlined in the LBAP.

6.2.2           Protection of Existing Habitats

In order to reduce potential negative impacts, the following measures are recommended:

       To protect scrub and woodland habitats within and adjacent to the Site working methods should proceed in line ‘BS 5837 (2012) – Trees in relation to Design, Demolition and Construction’.

       There should be no storage of material within 10m of any watercourse in line with SEPA requirements to reduce risk of runoff (SEPA, 2009).

       A biodiversity enhancement plan should be produced for the Site detailing measures to enhance habitats and increase biodiversity within the Site.

       Avoid bryophyte springs and a minimum 250 m buffer.

6.3            Groundwater Dependent Terrestrial Ecosystems

6.3 Groundwater Dependent Terrestrial Ecosystems

The area of M37 bryophyte spring is likely to be groundwater dependent. If this habitat lies within 250 m of the Proposed Development, mitigation may be needed to reduce impacts.

6.4            Invasive Non-Native Species

6.4 Invasive Non-Native Species

Evidence of invasive non-native species was found during the survey, with an area of Japanese knotweed recorded next to the Thornton Burn and Himalayan balsam found in some of the roadside ditches within the Site.

While there is no legal obligation to remove or treat these non-native invasive species, the Wildlife and Natural Environment Act (2011) states that this species must not be planted or caused to grow in the wild. Responsibility for dealing with invasive weeds rests with individual landowners and there is a duty of care with regards to the disposal of any part of the plant that may facilitate establishment in the wild and cause environmental harm. Therefore, waste containing Japanese knotweed and Himalayan balsam is classified as ‘controlled waste,’ under the Environmental Protection Act (1990).

Works should be reviewed and if there is a risk that works are likely to be within 10 m of these stands an Invasive Non-Native Species (INNS) plan must be produced to prevent the spread of these species within and off the Site. The management plan should include suitable precautions to prevent spread of plant fragments/seeds including exclusion zones, biological control, on-site treatment or removal by an approved company that specialises in non-native species disposal.

6.5            Protected or Otherwise Notable Species

6.5 Protected or Otherwise Notable Species

5.1.2           Badger

It is considered highly likely that badgers will be present within the study area and may be directly and indirectly impacted by the works.  Following the PEA a badger survey of the Site and a 100 m buffer began in October 2020 and the results of these surveys can be viewed in Volume 4, Appendix 7.2 (ITPEnergised, 2022b).

5.1.3           Otter

Otters are wide-ranging, primarily nocturnal and spend a lot of their time within aquatic environs. They can occupy large home ranges and utilise a wide range of habitats, including rivers, streams, ditches and wetlands.

Evidence of otter presence was found along the Thornton Burn confirming their presence within the Site.  The watercourses that traverse the Site and the coastline, provide high quality foraging and commuting habitat as well as numerous habitat features within banks, rocky substrates and surrounding tree root systems that could be used by otter as resting sites (e.g. holts, couches). Following the PEA an otter survey of all watercourses within the Site and up to 250 m upstream and downstream of the Site boundary was completed to provide full information on otter presence within the Site and to determine potential impacts/licensing and mitigation requirements. The survey also encompassed the area of the coastline that falls within this buffer zone. Otter surveys began in October 2020 and results of these surveys can be viewed in Volume 4, Appendix 7.2 (ITPEnergised, 2022c).

5.1.4           Water Vole

No incidental evidence of water vole as found on the Site during the survey. However, suitable habitat was recorded within the study area including the Thornton Burn, Thurston Mains Burn Dry Burn and Bilsdean Burn.

Further survey for water vole was conducted alongside the otter survey and the results of these surveys can be viewed in Volume 4, Appendix 7.2 (ITPEnergised, 2022c).

5.1.5           Reptiles

In Scotland, reptiles are partly protected under the Wildlife and Countryside Act 1981 (as amended) making it an offence to kill or injure a reptile. Common lizard could potentially be present in parts of the Site, particularly on south-facing slopes of semi-improved grassland where it forms a mosaic with scrub, piles of overgrown rubble etc. This habitat lies along the Dry Burn corridor and as edge habitat adjacent to the Braidwood Burn corridor.  However, areas of improved grassland and arable fields which form the majority of the Site are largely suboptimal, with presence of reptiles likely to be restricted to the field margins.

Where works require removal of suitable terrestrial habitat, such as rough grassland, tall ruderal and scrub, or removal of suitable refugia habitat, such as stone walls or piles of rubble, then pre-construction checks should be carried out by a Suitably Qualified Ecologist.

5.1.6           Great Crested Newt

Two waterbodies within 500 m of the Site were assessed as having potential suitability for use by great crested newt. Further surveys environmental DNA (eDNA) surveys were completed in May 2021 to inform licencing, mitigation and compensation requirements. The results are contained within Volume 4, Appendix 7.2 (ITPEnergised, 2022c).

5.1.7           Other Amphibians

There was no incidental evidence of common frog, common toad, palmate newt (Lissotriton helveticus) and smooth newt (Lissotriton vulgaris) found during the survey, but the habitats identified as suitable for great crested newt are likely to also support these species. These species are offered limited protection under the Wildlife and Countryside Act 1981 (as amended). Common frog, common toad and smooth newt are listed as SBL species, so are considered key species for biodiversity conservation in Scotland. If any amphibians are encountered during the works they should be collected by a member of the Site team or the ECoW and moved a safe distance from the works area within suitable habitat.

5.1.8           Breeding birds

Habitats within the Site and study area are suitable for a range of farmland and lowland bird species. In order to ensure compliance with the Wildlife and Countryside Act 1981 (as amended), which affords protection to all birds (whilst actively nesting), their nests and eggs, it is recommended that all construction works should be completed outside of the bird breeding season (March to August, inclusive).

Should this not be possible, a suitably qualified ecologist should search the Site of evidence of nesting birds immediately prior to any works commencing in areas that have been highlighted as having the potential to support bird species, with a re-check undertaken for any works delayed longer than 48 hours. Should a nest be recorded, a suitable working buffer would be put in place until the young have successfully fledged the nest.

5.1.9           Use of Appropriate Lighting

Artificial lighting can often impact the foraging and commuting behaviour of nocturnal mammals such as badger, otter and bats. As a consequence, it is advised that construction phase lighting be directed to where it is needed and light spillage (whether direct/or in-direct) should be avoided, particularly within the vicinity of edge habitat, riparian corridors and other linear features such as pathways, tree lines and hedgerows. The times during which the lighting is on should be limited to provide some dark periods. Roads, track ways and hedgerows in areas likely to contain foraging bats should contain stretches left unlit to avoid isolation of bat colonies. These unlit stretches should be ten metres in length either side of a commuting route (ILP, 2018). 

6.6            Compliance with Legislation and Policy

6.6 Compliance with Legislation and Policy

The baseline survey data is considered to be valid for 18 months (e.g. up to the end January 2023). If construction works commence after this time, it is recommended that an updated survey, as per the methods section of this report, is undertaken to ensure there has been no significant change to the baseline outlined within this report.

Fulfilment of the recommendations outlined above will ensure compliance with the relevant nature conservation legislation and planning policy outlined in Section 2.1 (Legislation) and 2.2 (Policy Framework), respectively.

7.            References

7. References

Averis AM, Averis B, Birks HJB, Horsfield D, Thompson DBA and Yeo MJM (2014). An illustrated guide to British upland vegetation, 2014 re-print. Joint Nature Conservation Committee.

British Standards Institute. (2012). BS5837: 2012 Trees in Relation to Design, Demolition and Construction: Recommendations.

Chanin P (2003). Monitoring the Otter Lutra lutra. Conserving Natura 2000 Rivers Monitoring Series No. 10. English Nature, Peterborough.

CIEEM (2017). Guidelines for Preliminary Ecological Appraisal. 2nd Edition. Chartered Institute of Ecology and Environmental Management. Available online at: https://cieem.net/resource/guidance-on-preliminary-ecological-appraisal-gpea/ (accessed April 2019).

CIEEM (2018). Guidelines for Ecological Impact Assessment in the UK and Ireland. Chartered Institute of Ecology and Environmental Management. Available online at: http://www.cieem.net/data/files/Publications/EcIA_Guidelines_Terrestrial_Freshwater_and_Coastal_Jan_2016.pdf (accessed May 2020).

CIEEM (2013a). Competencies for Species Survey: Eurasian Otter. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-EURASIAN-OTTER-April-2013.pdf (accessed May 2020).

CIEEM (2013b). Competencies for Species Survey: Water Vole. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-WATER-VOLE-April-2013.pdf (accessed May 2020).

CIEEM (2013c). Competencies for Species Survey: Badger. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-BADGER-April-2013.pdf (accessed May 2020).

CIEEM (2013d). Competencies for Species Survey: Great Crested Newt. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-GREAT-CRESTED-NEWT-April-2013.pdf (accessed May 2020).

Dean, M, Strachan, R, Gow, D and Andrews, R (2016). The Water Vole Mitigation Handbook (Mammal Society Mitigation Guidance Series). Matthews, F and Chanin, P Eds, Mammal Society, London.

East Lothian Council (2017). East Lothian Biodiversity Report. Available at: https://www.eastlothian.gov.uk/downloads/file/23321/biodiversity_report_2017

East Lothian Biodiversity Partnership (2008). East Lothian Biodiversity Action Plan 2008-13. August 2008.

ITPEnergised (2022a). Berwick Bank EIA, Ecology Chapter, Technical Appendix 7.3, Bat ITPEnergised (2022c). Berwick Bank EIA, Ecology Chapter, Technical Appendix 7.2, Protected Species Report.

ITPEnergised (2022b). Berwick Bank Onshore RIAA.

ITPEnergised (2022c). Berwick Bank EIA, Ecology Chapter, Technical Appendix 7.2, Protected Species Report.

ILP (2018). Guidance Note 08/18 Bats and artificial lighting in the UK Bats and the Built Environment series. Institution of Lighting Professionals. Document download available online at: https://www.theilp.org.uk/documents/guidance-note-8-bats-and-artificial-lighting/

JNCC (2010). Handbook for Phase 1 Habitat Survey – a technique for environmental audit, revised re-print. Joint Nature Conservation Committee, Peterborough, UK.

NatureScot (2022). Sitelink. Available online at: https://sitelink.nature.scot/home (accessed January 2021).

NBN Atlas (2022). Explore Your Area. Available online at: https://nbnatlas.org/ (accessed January 2021).

Rodwell JS (ed.) (1991). British Plant Communities, Volume 2: Mires and heaths. Cambridge University Press, Cambridge.

Rodwell JS (2006). National Vegetation Classification: Users’ Handbook. JNCC, Peterborough.

Scottish Badgers (2018). Surveying for Badgers Good Practice Guidelines Version 1: 2018. Available online at:  https://www.scottishbadgers.org.uk/userfiles/file/planning_guidelines/Surveying-for-Badgers-Good-Practice-Guidelines_V1.pdf (accessed February 2022).

Scottish Government (2000). Planning for Natural Heritage: Planning Advice Note 60. Available online at: https://www2.gov.scot/Publications/2000/08/pan60-root/pan60 (accessed February 2022).

Scottish Government (2013). Scottish Biodiversity List. Available online at:  https://www2.gov.scot/Topics/Environment/Wildlife-Habitats/16118/Biodiversitylist/SBL (accessed February 2022).

Scottish Government (2014a). National Planning Framework 3. Available online at: https://www.gov.scot/publications/national-planning-framework-3/  (accessed February 2023).

Scottish Government (2014b). Scottish Planning Policy. Available online at: https://www.gov.scot/publications/scottish-planning-policy/ (accessed February 2023).

Scottish Government (2023). National Planning Framework 4. Available online at:  https://www.gov.scot/publications/national-planning-framework-4/ (accessed February 2023).

SEPA (2009) Temporary Construction Methods. Engineering in the Water Environment Good Practice Guide. https://www.sepa.org.uk/media/150997/wat_sg_29.pdf

SEPA (2015) Scotland’s Environment Web. Available at:   https://www.environment.gov.scot/maps/scotlands-environment-map/ (accessed March 2022).

SEPA (2017). Guidance on Assessing the Impacts of Development Proposals on Groundwater Abstractions and Groundwater Dependent Terrestrial Ecosystems. Version 3. Land Use Planning System SEPA Guidance Note 31.

SNH (2018). A guide to understanding the Scottish Ancient Woodland Inventory (AWI). Scottish Natural Heritage, November 2018. Available online at: https://www.nature.scot/sites/default/files/2018-11/A%20guide%20to%20understanding%20the%20Scottish%20Ancient%20Woodland%20Inventory%20%28AWI%29.pdf (accessed March 2022).

Stace, C (2010). New Flora of the British Isles Third Edition. C&M Floristics

Stanbury A, Eaton M, Aebischer N, Balmer D, Brown A, Douse A, Lindley P, McCulloch N, Noble D, and Win I (2021). The status of our bird populations: the fifth Birds of Conservation Concern in the United Kingdom, Channel Islands and the Isle of Man and the second IUCN Red List assessment of extinction risk for Great Britain. British Birds 114, December 2021, 723-747. Available online at https://britishbirds. Co.uk/wp-content/uploads/2014/07/BoCC4.pdf (accessed March 2022).

TWIC (2021). Protected and Notable Species Records, Data Request January 2021.

Figures

Figure 7.1.1 Location Plan

Figure 7.1.1 Location Plan

Figure 7.1.1 Location Plan

Figure 7.1.2 Statutory Nature Conservation Designations

Figure 7.1.2 Statutory Nature Conservation Designations

Figure 7.1.2 Statutory Nature Conservation Designations

Figure 7.1.3 Non-Statutory Nature Conservation Designations

Figure 7.1.3 Non-Statutory Nature Conservation Designations

Figure 7.1.3 Non-Statutory Nature Conservation Designations

Figure 7.1.4 Extended Phase 1 Habitat Survey Results (north)

Figure 7.1.4 Extended Phase 1 Habitat Survey Results (north)

Figure 7.1.4 Extended Phase 1 Habitat Survey Results (north)

Figure 7.1.5 Extended Phase 1 Habitat Survey Results (south)

Figure 7.1.5 Extended Phase 1 Habitat Survey Results (south)

Figure 7.1.5 Extended Phase 1 Habitat Survey Results (south)

Annexes

Annexes

Annex A: Species Specific Legislation

Annex A: Species Specific Legislation

Badger

Badgers and their setts are protected under the Protection of Badgers Act 1992, as amended by the Wildlife and Natural Environment (Scotland) Act 2011. Under this legislation it is an offence to intentionally or recklessly:

       Kill, injure, take, possess or cruelly ill-treat a badger or attempt to do so;

       Interfere with a sett by damaging or destroying it;

       Obstruct access to a badger sett;

       Disturb a badger whilst it is occupying a sett;

       Cause or allow a dog to enter a sett;

       Sell a live badger, or offer one for sale, or possess a live badger; and

       Be in the possession, or control of, a dead badger or anything derived from a dead badger.

Under the Protection of Badgers Act 1992, a badger sett is defined as ‘any structure or place which displays signs indicating current use by a badger’. Following NatureScot guidance, in the absence of any case law to define current use, the presence of field signs such as bedding, fresh spoil heaps, signs of recent digging, hair, latrines, or footprints in or around the potential sett or evidence of badgers entering or exiting the structure or place in question would indicate current use of the structure / place by a badger (SNH, 2018). Where a possible sett has no immediate evidence of current use, and is to be impacted by works, the structure should be actively monitored for a minimum of two weeks.

This legislation means that badgers are fully protected in Scotland, and that any planned activity, which may affect them, requires prior consultation with the appropriate statutory nature conservation organisation (i.e. NatureScot). Under Section 10 (1) of The Protection of Badgers Act 1992, licences may be granted by NatureScot for certain purposes that would otherwise be illegal.

Otter

Otters are a European Protected Species (EPS), protected under the Conservation (Natural Habitats, &c.) Regulations 1994. As such, in Scotland it is an offence to deliberately or recklessly:

       Capture, injure or kill an otter;

       Harass an otter or group of otters;

       Disturb an otter in a den or any other structure or place it uses for shelter or protection;

       Disturb an otter while it is rearing or otherwise caring for its young;

       Obstruct access to a den or other structure or place otters use for shelter or protection, or otherwise deny the animal use of that place;

       Disturb an otter in a manner or in circumstances likely to significantly affect the local distribution or abundance of the species; and

       Disturb an otter in a manner or in circumstances likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young.

It is also an offence to:

       Damage or destroy a breeding site or resting place of such an animal (whether deliberately or recklessly); and

       Keep, transport, sell or exchange, or offer for sale or exchange any wild otter (or any part or derivative of one) obtained after 10 June 1994.

It should be noted that otter shelters are always legally protected, whether an otter is present or not.

Otter is also included on the Scottish Biodiversity List (SBL), where it is listed for avoidance of negative impacts (The Scottish Government, 2013).

Water Vole

Water vole receives partial protection through its listing on Schedule 5 of The Wildlife and Countryside Act 1981 (as amended). In Scotland, this legal protection is currently restricted only to the water vole places of shelter or protection; it does not extend to the animal itself. It is an offence to intentionally or recklessly:

       Damage, destroy or obstruct access to any structure or place that water voles use for shelter or protection; or

       Disturb a water vole while it is using any such place of shelter or protection.

Water vole is a Priority Species on the Scottish Biodiversity List (SBL) (Scottish Government, 2013), where it is listed for both conservation action and for avoidance of negative impacts. This species has suffered significant declines in recent decades, mainly due to habitat loss and degradation, population fragmentation and predation by American mink (Mustela vison).

Great Crested Newt

Great crested newts are a European Protected Species (EPS), protected under the Conservation (Natural Habitats, &c.) Regulations 1994. As such, in Scotland it is an offence to deliberately or recklessly:

       Capture, injure or kill a great crested newt;

       Harass a great crested newt or group of great crested newts;

       Disturb a great crested newt in a structure or place it uses for shelter or protection;

       Disturb a great crested newt while it is rearing or otherwise caring for its young;

       Obstruct access to a structure or place great crested newt use for shelter or protection, or otherwise deny the animal use of that place;

       Disturb a great crested newt in a manner or in circumstances likely to significantly affect the local distribution or abundance of the species;

       Disturb a great crested newt in a manner or in circumstances likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young;

       Disturb a great crested newt while it is migrating or hibernating; and

       Take or destroy the eggs of a great crested newt.

It is also an offence of strict liability to:

       Damage or destroy a breeding site or resting place of such an animal (whether deliberately or recklessly). These sites and places are protected even when the animal isn’t present. For example, great crested newt ponds are protected all of the time as long as it can be shown that the newts use the ponds some of the time; and

       Keep, transport, sell or exchange, or offer for sale or exchange any wild great crested newt (or any part or derivative of one) obtained after 10 June 1994.

Great crested newt is also included on the Scottish Biodiversity List (SBL), where it is listed for avoidance of negative impacts (The Scottish Government, 2013).

Annex B: Policy Framework

Annex B: Policy Framework

National Planning Framework 4 (NPF4)

National Planning Framework 4 (NPF4) (Scottish Government, 2023) replaces National Planning Framework 3 (Scottish Government, 2014a) and Scottish Planning Policy (Scottish Government, 2014b). NPF4 outlines the duty of planning authorities to further the conservation of biodiversity as defined in the Nature Conservation (Scotland) Act 2004.

The planning system has an important role to play in improving the environment, for example by strengthening green and blue infrastructure, safeguarding, and enhancing urban and rural biodiversity, and contributing to the improvement of water, air and soil quality. Development plans should also seek to achieve a net enhancement of landscape quality and biodiversity. Policies relevant to nature conservation include:

       Policy 1: Tackling the climate and nature crises;

       Policy 3: Biodiversity;

       Policy 4: Natural places;

       Policy 5: Soils;

       Policy 6: Forestry, woodland and trees;

       Policy 8: Green belts;

       Policy 11: Energy; and

       Policy 20: Blue and green infrastructure.

Planning Advice Note (PAN) 60

National planning policy on landscape and natural heritage is supported by Planning Advice Note (PAN) 60 Planning for Natural Heritage, the key elements include:

       Taking a broader approach to landscape and natural heritage than just conserving designated or protected sites and species, taking into account ecosystems and natural processes.

       Facilitating positive landscape change whilst maintaining and enhancing distinctive character.

       Seeking benefits for species and habitats from new development including the restoration of degraded habitats.

       Siting and design of development should be informed by local landscape character.

       Encouraging connectivity between habitats, through green networks.

       Protecting internationally and nationally designated habitats and species.

       Protecting and enhancing woodland and trees of high nature conservation value.

Local Development Plan

The East Lothian Council Local Development Plan’s (ELC, 2018) Sustainable Natural and Environment policies relevant to nature conservation are as follows:

         Natural Heritage:

• Policy NH1: Internationally Designated Sites (RAMSAR);
• Policy NH2: Protection of Sites of Special Scientific Interest and Geological Conservation Review Sites;
• Policy NH3: Protection of Local Sites and Areas;
• Policy NH4: European Protected Species;
• Policy NH5: Biodiversity and Geodiversity Interests, including Nationally Protected Species;
• Policy NH7: Protecting Soils;
• Policy NH8: Trees and Development;
• Policy NH9: Water Environment;
• Policy NH10: Sustainable Urban Drainage Systems;
• Policy NH11: Flood Risk;
• Policy NH12: Air Quality; and
• Policy NH13: Noise.

         Infrastructure and Resources:

• Policy T4: Active Travel Routes and Core Paths as part of the Green Network Strategy;
• PROP T5: Cycle Route Network; and
• PROP T20: Transport Related Air Quality Measures: Relocation of Bus Stops.

         Energy Generation, Distribution and Transmission:

• Policy SEH1: Sustainable Energy and Heat; and
• Policy SEH2: Low and Zero Carbon Generating Technologies.

         Countryside and Coastal Areas:

• Policy DC10: The Green Network.

Annex C: Full bird records

Annex C: Full bird records

Table C1: Bird species recorded within 5 km of the Site