Executive Summary

A wintering bird survey was undertaken between October 2020 and February 2021. The Study Area covered two potential landfall sites and cable route options for the onshore elements of an offshore wind farm (the proposed Berwick Bank offshore wind farm) which will lead to a proposed new substation site, southwest of Torness Power Station, and underground cable corridor connecting to the National Grid Branxton substation further south. The work was undertaken to also inform the submission of a future planning application for the onshore elements of the offshore wind farm.

The wintering bird survey included a field survey and was further complimented by a desk study. The desk study included a search for ornithology-related nature conservation designations and existing bird data records relevant to the Site and wider study area. The field survey involved walkover surveys to cover the inland area of the Site and a 250 m survey buffer.  

The wintering bird survey consisted of four survey visits. The methodology used for the survey and was carried out in line with the methods detailed in Gilbert et al. (2011). 

The desk study identified four nature conservation designations of international importance (Special Protection Areas, SPAs) within 20 km of the Site but no nature conservation designations of local or national importance designated for ornithological features within 5 km of the Site.

The data search identified that a total of 128 species have been recorded within 5 km of the Site over the last 10 years. Of these, 31 species are listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended), 22 are listed within Annex 1 of the Birds Directive 2009, and 44 are listed on the Scottish Biodiversity List. Thirty are included on the Birds of Conservation Concern Red List and a further 51 species are Amber-Listed.

The survey identified a total of 62 bird species of which 14 were designated as migratory or wintering species of the four SPA sites. Of the 14 species, five were included in the citation for the Outer forth SPA (black-headed gull, common gull, eider, herring gull and gannet), nine for the Firth of Forth (cormorant, curlew, eider, golden plover, grey plover, oystercatcher, pink-footed goose, redshank and wigeon) and one species (gannet) for the Forth Island SPA.

A further 27 species of conservation concern were identified during surveys, including five Schedule 1 listed species (merlin and peregrine, which are also Annex 1 listed species, fieldfare, redwing and snow bunting). An additional thirteen BoCC Red Listed and thirteen BoCC Amber Listed species were identified during the four survey visits. 22 common species were also recorded.

1. Introduction

1.1 Overview

ITPEnergised was appointed by SSE Renewables (the Applicant) to undertake a wintering bird survey for the onshore transmission works of the proposed Berwick Bank wind farm development at Torness, south of Dunbar. The survey was completed to inform a planning application and incorporated the red line boundary of the Proposed Development (hereafter referred to as the ‘Site’) and a 250 m survey buffer (the “Study Area”) (See Appendix Figure 8.2.1).

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

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 pass through the Site from the north-west to the south-east. The Site largely comprises agricultural land with a mixture of arable and improved grazing fields. A number of watercourses traverse the Site from the west and enter the North Sea to the east. Braidwood Burn and Ogle Burn run through the western reaches of the Site, Branxton burn to the south of the Site and Thornton Burn through the centre of the Site. These watercourses are commonly associated with corridors of scrub and mixed woodland habitat. The majority of woodland habitat present within the Site is located within the southern and south-eastern reaches. The Site also includes 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. Torness Power Station is located outwith the north-eastern boundary of the Site at Torness Point and Thortonloch Caravan Park is located to the east of Thortonloch. The Site includes areas of the coastline which covered the two proposed landfall locations to the north and south of Torness Point being considered at Scoping stage.

2. Legislation, Policy and Guidelines

2.1 Legislation

All relevant legislation and guidance documents have been considered as part of this assessment, as referenced in this report (a summary of pertinent nature conservation legislation is presented below).

Of particular relevance are:

       Council Directive 2009/147/EC on the conservation of wild birds (the Birds Directive), transposed into Scottish law through the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended);

       Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive), transposed into Scottish law through the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended);

       The Ramsar Convention on Wetlands 1976;

       The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019;

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

       The Wildlife and Natural Environment (Scotland) 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 a Local Biodiversity Action Plan (LBAP). The LBAP of relevance to this report is the East Lothian Local Biodiversity Action Plan.

2.1.1           International Conventions and Directives

2.1.1.1     The Birds Directive (2009/147/EC)

The European Union (EU) Directive on the Conservation of Wild Birds (2009/147/EC) was first adopted in 1979 and is the primary mechanism for delivering the EU’s obligations under the Convention on Biological Diversity (CBD), and the Ramsar and Bonn Conventions. Collectively, the Birds and Habitats Directives require Member States to take action in order to protect all bird species and their habitats which includes the designation of Special Protection Areas (SPAs) in respect to species listed on Annex I of the Directive.

2.1.1.2     Ramsar Convention on Wetlands

The Convention on Wetlands of International Importance (the Ramsar Convention) was adopted in Iran in February 1971 and came in to force in the UK in May 1976. The Convention considers the subject area of wetland conservation and comprises three elements of activity:

       The designation of wetlands of international importance as Ramsar sites;

       The promotion of the sustainable use of all wetlands in the territory of each country; and

       International co-operation with other countries to further the sustainable use of wetlands and their resource.

2.1.1.3     The Habitats Regulations

In Scotland, the Habitats Directive is translated into specific legal obligations by the Conservation (Natural Habitats, &c.) Regulations 1994. This piece of legislation is commonly referred to as the ‘Habitats Regulations’.

In terms of ornithological interests, the Habitats Regulations cover the requirements for Special Protection Areas (SPAs), which are designated sites that are considered internationally important for specific species of bird and/their assemblages. Along with Special Areas of Conservation (SACs), designated sites relating to protected habitats and species, they form a network of sites designated together and known collectively as the Natura2000 network.

The Habitats Regulations were most recently amended in 2012.

It should be noted that another international designation, Ramsar, tends to overlap with SPAs, and Ramsar sites are commonly treated as SPAs for HRA purposes.

2.1.1.4     The Convention on Biological Diversity (CBD)

The CBD was adopted at the Earth Summit in Rio de Janeiro, Brazil in June 1992, and came into force in December 1993. It was the first global treaty to provide a legal framework for biodiversity conservation. The treaty has three primary goals:

       The conservation of biological diversity;

       The sustainable use of its components; and

       The fair and equitable sharing of the benefits arising from the use of genetic resources.

Signatories are required to create and enforce national strategies and action plans to conserve, protect and enhance biological diversity.

The UK Government ratified the convention and published the UKBAP in 1994 and to compliment the UKBAP, separate biodiversity strategies for each of the devolved governments have been subsequently developed, including the Scottish Biodiversity Strategy, launched in 2004.

2.1.2           National Legislation

2.1.2.1     The Wildlife and Countryside Act

The Wildlife and Countryside Act 1981 (as amended) (WCA) is the principal mechanism for wildlife protection in the UK. Schedule 1 of the Act lists bird species that are afforded special protection. The principal designation established under the Act is the citation of Sites of Special Scientific Interest (SSSI).

The Act also makes it an offence (with exception to species listed in Schedule 2) to intentionally:

       Kill, injure, or take any wild bird;

       Take, damage or destroy the nest of any wild bird while that nest is in use or being built; or

       Take or destroy an egg of any wild bird.

2.2 Biodiversity

2.2.1           Scottish Biodiversity List (SBL)

Scottish Ministers created the SBL (Scottish Government, 2013) in 2005 to satisfy the requirements under Section 2(4) of the Nature Conservation (Scotland) Act 2004, and to 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 GB or UK level that are present in Scotland;

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

       All species that are endemic to Scotland.

2.2.2           Local Biodiversity Plan

East Lothian does not have an up to date Local Biodiversity Action Plan (LBAP) but a plan created in 2008 to run until 2013 contained several habitat action plans including farmland, coastal areas and woodland which were of relevance to the Site and listed 70 priority bird species in East Lothian (East Lothian Council, 2017a). Given there has been no update to the LBAP since 2008 and the 70 listed LBAP species broadly mirror the SBL species, in terms of protected status only mention on the SBL will be used in this report.

A more recent update on their website  states it should be noted that the biodiversity of East Lothian includes over 4000 species of invertebrate, over 300 species of bird, 28 species of mammal and 3 species of reptile (East Lothian Council, 2017b).

The Wildlife and Natural Environment (Scotland) Act 2011, requires public bodies in Scotland to provide a publicly available report, every three years to show they are meeting their biodiversity duty. The most recent report for East Lothian was in 2017; some of the key points highlighted in the report of relevance to the Site are:

       The distribution of pink-footed geese, which arrive in East Lothian in large numbers from September onwards and are an important feature of the Firth of Forth SPA; they often feed and roost in certain arable fields. Therefore, these fields need to be protected as part of the SPA and the distribution of pink-footed geese are recorded each year.

       Encourage and support ecosystem restoration and management, especially in catchments that have experienced the greatest degradation.

       Integrate protected areas policy with action for wider habitats to combat fragmentation and restore key habitats.

2.3 Birds of Conservation Concern

The Birds of Conservation Concern (BoCC) is a collaboration between the Statutory Nature Conservation Bodies (SNCBs), Royal Society for the Protection of Birds (RSPB), British Trust for Ornithology (BTO), Wildfowl and Wetlands Trust (WWT), Game and Wildlife Conservation Trust (GWCT) and several other organisations. It uses an approach based on quantitative assessments against standardised criteria, in order to place individual bird species on ‘Red’, ‘Amber’ or ‘Green’ lists to indicate different levels of conservation concern. Red in the context of BoCC is not the same as IUCN’s Red List, though IUCN status is one of the criteria used in BoCC assessment. Collectively, the changes in the numbers and proportions of species on Red, Amber or Green lists provide a gauge of the broad direction of status of UK birds and point to the degree of threat they face, as well as the efficacy of conservation measures taken (Eaton et al., 2015).

Birds on the Red and Amber lists are subject to at least one of the factors listed below:

       Red - red list 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.

It should be a noted a new version of BoCC (BoCC 5) was published in late 2021 (Stanbury et al., 2021) but as the surveyor was following BoCC 4 (Eaton et al, 2015), this classification of species is the one used in this report.

3. Consultation

As part of the ongoing consultation with NatureScot for the Site, a four-visit wintering bird survey was proposed, commencing in October 2020. On 30th April 2020, NatureScot responded by email with a broad approval of the survey approach, as follows:

“We note your proposed suite of site surveys, including additional measures aimed at compensating for lost time (e.g. use of experienced surveyors, identifying follow-up work, pre-construction surveys, use of buffers). We specifically note your question on bird surveys and advise:

       the proposed (cable) route avoids nationally-designated sites (except for the stretch at Barns Ness Coast SSSI which we have discussed separately), and will traverse farmland for the most part;

       therefore we anticipate a low level of risk to particularly sensitive bird receptors and so under covid-19 related restrictions this site survey programme is acceptable.”

4. Methodology

4.1 Desk Study

A full desk study was carried out in July 2021 and included for a search for nature conservation designations listed for ornithological reasons as well as records of ornithological species of conservation concern. In terms of designations the search area used were as follows: international and national designations, i.e. Special Protection Areas (SPAs), Ramsar sites, Sites of Special Scientific Interest (SSSIs), National Parks, and National Nature Reserves (NNRs) were identified within 5 km of the Site but extended to 20 km for SPAs, as well as statutory local designations i.e. Local Nature Reserves (LNR) were identified within 2 km of the Site. Non-statutory designations, such as Local Wildlife Sites (LWSs) and Sites of Interest for Nature Conservation (SINCs) were identified within 2 km of the Site. Only designations with ornithological qualifying features were considered relevant in this study.

Existing records for protected or otherwise notable species (e.g. SBL/LBAP priority species) were identified within 5 km of the Site. Records were obtained from The Wildlife information Centre (TWIC) and only records from within the last 10 years were considered relevant to the study. 

Full details of the methodology used are described in the separate Ecological Desk Study document (ITPEnergised, 2021).

4.2 Survey Methods

A wintering bird walkover survey, comprising four visits, was carried out between October 2020 and February 2021 to identify winter roosting and foraging bird populations within the Study Area (See Appendix Figure 8.2.1).

The survey was a walkover survey that was carried out in line with methods detailed in Gilbert et al. (2011) with the four survey visits undertaken on the following dates:

       28th – 30th October 2020;

       14th – 16th December 2020;

       27th – 29th January 2021; and

       15th - 17th February 2021.

All habitats of value to birds within the Study Area were walked, where access was available. Where access was not possible, areas were scanned from field edges or public rights of way. The walkover survey was undertaken at a slow measured pace with all enclosed habitats approached to within at least 100 m. If any groups of birds were identified foraging or roosting in fields, care was taken not to create any disturbance to them, and such areas were therefore scanned at a distance using binoculars. Survey routes between survey visits were varied to reduce data bias.

All bird activity was identified and mapped onto 1:25,000 OS maps of the Site using BTO two-letter codes and appropriate symbols, as outlined in Appendix 1 of Gilbert et al. (2011). Due care and attention was taken using appropriate symbols to ensure that multiple registrations of the same bird are carefully recorded on the survey maps.

The wintering bird walkover survey focused on identifying the presence and/or absence for each target species focusing on birds of conservation value, including those protected by the Birds Directive Annex 1, Wildlife and Countryside Act 1981 (as amended) Schedule 1, BoCC red or amber list and/or SBL/LBAP species.

4.3 Survey Limitations

The surveyor could access the majority of the Study Area, but access was locally restricted due to the lack of access permission or the presence of large numbers of cattle. Where practical, such sections were scanned from a distance using binoculars. Because the surveyor was able to see and hear birds in all parts of the Study Area, this is not considered to be a significant limitation.

5. Results

5.1 Desk Study

As shown on Appendix Figure 8.2.2 and detailed in Table 1, four bird-related nature conservation designations of international importance are present within 20 km of the Site. No nature conservation designations of local or national importance designated for ornithological features is present within 2 km or 5 km respectively of the Site. A full description of the four designated sites is outlined in the sections below.

Table 1: European Protected Sites

5.1.1           Outer Forth and St Andrews Bay Complex SPA

5.1.1.1     Designated Site Description

The Outer Firth of Forth and St Andrews Bay Complex SPA lies directly east of the Site and is a large estuarine/marine site on south-east coast of Scotland consisting of the two closely adjacent Firths of Forth and Tay (NatureScot & JNCC (2021). In the mid-Firth of Forth a belt of mud-rich sediments lies between areas of sandy gravels and shell material on either side along the shore. As the estuary widens towards the Outer Firth, there are extensive areas of sandy and gravelly muds and fine sediments. In contrast, St Andrews Bay contains clean sands and gravel with only small areas of muddy sediments. Water depth is variable but large areas, in both the Firth of Forth and St Andrews Bay, are shallow and less than 10 m deep.

The area supports a wide variety of both pelagic and demersal fish, including sandeels, and crustaceans, molluscs and marine worms, all of which comprise the prey of the waterfowl species.

5.1.1.2     Qualifying Interests:

N.B. All figures relate to numbers at the time of classification except where amended by the 2001 SPA Review.

The Outer Firth of Forth and St Andrews Bay Complex SPA qualifies under Article 4.1 by regularly supporting a non-breeding population of European importance of the following Annex 1 species: Red-throated diver (Gavia stellata) during the period 2001/02 to 2004/2005, Slavonian grebe (Podiceps auritus) during the period 2006/07 to 2010/11, little gull (Larus minutus) during the period 2001/02 to 2004/05 (126 individuals; more than 50 individuals), and feeding common tern (Sterna hirundo) and Arctic tern (Sterna paradisaea) from the adjacent breeding colonies.

The Outer Firth of Forth and St Andrews Bay Complex SPA further qualifies under Article 4.2 by regularly supporting populations of European importance of the migratory waterfowl species common eider (Somateria mollissima) and by regularly supporting in excess of 20,000 individual waterfowl, including nationally important populations of the following species first recorded during the five year period 2001/02 to 2004/05: Long tailed duck (Clangula hyemalis), common scoter (Melanitta nigra) and additionally recorded, during the period 2006/07-2010/11: Velvet scoter (Melanitta fusca), common goldeneye (Bucephala clangula) and red-breasted merganser (Mergus serrator).

The Outer Firth of Forth and St Andrews Bay Complex SPA further qualifies under Article 4.2 by regularly supporting populations of European importance of the two following migratory species of seabird: Foraging European shag (Phalacrocorax aristotelis) from the nearby colonies and Northern gannet (Morus bassanus) monitored during the period 1980-2006.

The Outer Firth of Forth and St Andrews Bay Complex SPA further qualifies under Article 4.2 by regularly supporting in excess of 20,000 individual seabirds during the breeding season including nationally important populations of the following species included following monitoring during the period 1980-2006: Atlantic puffin (Fratercula arctica), black-legged kittiwake (Rissa tridactyla), Manx shearwater (Puffinus puffinus), common guillemot (Uria aalge) and herring gull (Larus argentatus).

The Outer Firth of Forth and St Andrews Bay Complex SPA further qualifies under Article 4.2 by regularly supporting in excess of 20,000 individual seabirds during the non-breeding season including nationally important populations of the following species included following monitoring during the period 2003/04-2005/06: Black-headed gull (Chroicocephalus ridibundus), common gull (Larus canus) and herring gull and, included following monitoring during the period 1980-2006, common guillemot, European shag, black-legged kittiwake and razorbill (Alca torda).

5.1.2           Firth of Forth SPA

5.1.2.1     Designated Site Description

The Firth of Forth SPA is located 6.8k m north-west of the Site at its closest point. The SPA is located on the east coast of Scotland and is a complex estuarine site extending 55 km and covering 6,313.72 ha from Alloa in the west to the East Lothian and Fife coasts. It covers a range of habitats, including intertidal flats, rocky shore, saltmarsh, lagoons and, in the east, sand dune habitats (JNCC, 2018).

5.1.2.2     Qualifying Interests:

The Firth of Forth SPA qualifies under Article 4.1 of the Birds Directive for regularly supporting wintering populations of the following Annex 1 species: red-throated diver, Slavonian grebe, golden plover (Pluvialis apricaria) and bar-tailed godwit (Limosa lapponica). The SPA also qualifies under Article 4.1 for regularly supporting populations of European importance of the Annex 1 species Sandwich tern (Sterna sandvicensis) during the passage period.

The SPA further qualifies under Article 4.2 of the Birds Directive by regularly supporting populations of European importance of the following wintering migratory species: Pink-footed goose (Anser brachyrhynchus), shelduck (Tadorna tadorna), knot (Calidris canutus), redshank (Tringa totanus) and turnstone (Arenaria interpres). The SPA also qualifies under Article 4.2 for regularly supporting a wintering assemblage, in excess of 20,000 individual waterfowl, of European importance: A winter peak mean of 95,000 waterfowl, comprising 45,000 wildfowl and 50,000 waders including nationally important populations of the following species: Scaup (Aythya marila), Slavonian grebe, golden plover, bar-tailed godwit, pink-footed goose, shelduck, knot, redshank, turnstone, great crested grebe (Podiceps cristatus), cormorant (Phalacrocorax carbo), red-throated diver, curlew (Numenius arquata), eider, long-tailed duck (Clangula hyemalis), common scoter, velvet scoter, goldeneye (Bucephala clangula), red-breasted merganser, oystercatcher (Haematopus ostralegus), ringed plover (Charadrius hiaticula), grey plover (Pluvialis squatarola) and dunlin (Calidris alpina alpina).

In the five year winter period 1991/92 to 1995/96 the assemblage additionally included nationally important populations greater than 2,000 individuals of mallard (Anas platyrhynchos), lapwing (Vanellus vanellus) and wigeon (Anas penelope).

5.1.3           St Abb’s Head to Fast Castle SPA

5.1.3.1     Site Description

St Abb's Head to Fast Castle SPA lies 6.9 km south-east of the Site and comprises an area of sea cliffs and coastal strip stretching over 10 km along the Berwickshire Coast north of St Abbs (NatureScot, 2020). The boundary of the SPA overlaps with that of St Abb’s Head to Fast Castle SSSI, and the seaward extension extends approximately 1 km into the marine environment to include the seabed, water column and surface.

5.1.3.2     Qualifying Interests:

N.B. All figures relate to numbers at the time of classification except where amended by the 2001 SPA Review.

St Abb's Head to Fast Castle SPA qualifies under Article 4.2 by regularly supporting in excess of 20,000 individual seabirds. The site regularly supports 79,560 seabirds including nationally important populations of the following species: Razorbill, common guillemot, black-legged kittiwake, herring gull and European shag.

5.1.4           Forth Islands SPA

5.1.4.1     Site Description

N.B. All figures relate to numbers at the time of classification except where amended by the 2001 SPA Review.

Forth Islands SPA consists of a series of islands supporting the main seabird colonies in the Firth of Forth. The islands include Inchmickery, Isle of May, Fidra, The Lamb, Craigleith and Bass Rock. Bass Rock is closest to the Proposed Development, being located 16 km northwest of the Site and is the only section of the SPA in the search area.

5.1.4.2     Qualifying Interests:

Forth Islands SPA qualifies under Article 4.1 by regularly supporting populations of European Importance of the following Annex 1 species: Arctic tern, roseate tern (Sterna dougallii), common tern and Sandwich tern.

Forth Islands SPA further qualifies under Article 4.2 by regularly supporting populations of European importance of the following migratory species: Northern gannet, European shag, lesser black-backed gull (Larus fuscus) and Atlantic puffin.

Forth Islands SPA also qualifies under Article 4.2 by regularly supporting nationally important populations of razorbill, common guillemot, black-legged kittiwake, herring gull and great cormorant (Phalacrocorax carbo).

5.1.5           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 Scottish Priority List. Thirty are included on the BoCC Red List and a further 51 species are Amber-Listed. Full details are described in the Ecological Desk Study (ITPEnergised, 2021) and the bird list shown in Table A1 in Annex A.

5.2 Field Survey

5.2.1           SPA Qualifying Species

A total of 62 bird species were recorded within the Site and 250 m survey buffer during the four visits. Of those 62 species, 15 are listed as either passage or wintering species for one or more of the SPA sites detailed in Section 5.1. and the species and the number of registrations for each species are shown in Table 2 below.

Table 2 - Wintering bird survey results – SPA qualifying species

*Firth of Forth Outer SPA – FoFO; Firth of Forth SPA- FoF; Forth Islands SPA – FI.