7 Introduction

7.1 The Purpose of this Report to Inform Apporpriate Assessment (RIAA)

1 The Report to Inform Appropriate Assessment (RIAA) has been prepared by RPS and Royal HaskoningDHV, on behalf of the Applicant, to support the Habitats Regulations Appraisal (HRA) of the Proposed Development in the determination of the implications for European sites. The RIAA builds upon the Offshore HRA Stage One LSE Screening Report (SSE Renewables, 2021b) completed in October 2021 and subsequent joint Environmental Impact Assessment (EIA) Scoping and Likely Significant Effect (LSE) screening advice received in the Berwick Bank Wind Farm Scoping Opinion (MS-LOT, 2022) in February 2022 and considers the likely significant environmental effects of the Proposed Development as they relate to relevant European site integrity at Stage Two of the HRA process.

7.2 Structure of the RIAA

2 As detailed in section 1.5 of Part One of this RIAA for the Proposed Development, for clarity and ease of navigation, this RIAA is structured and reported in several ‘Parts’, as follows:

Executive Summary and Conclusions;
Part One – Introduction and Background;
Part Two (this document) – Consideration of Special Areas of Conservation (SACs); and
Part Three – Consideration of Special Protection Areas (SPAs).

3 Each ‘Part’ of the RIAA is supported by a series of topic specific appendices and relevant documentation including European Site Summaries.

7.3 Structure of this Document

4 This document constitutes Part Two of the RIAA and provides consideration of the implications of the Proposed Development on SACs.

5 This document is structured as follows:

Chapter 7: Introduction – this section detailed the purpose and structure of the RIAA.
Chapter 7: Consultation – this section provides a summary of the consultation undertaken with regards to Annex I habitat, Annex II diadromous fish and Annex II marine mammal features of SACs, the responses provided, and how these have been addressed within this Part of the RIAA.
Chapter 9: Summary of HRA Screening – this section presents the SACs potentially at risk of LSE and the features and pathways for which HRA Stage Two Appropriate Assessment is required, both alone and in-combination.

6 Information for the HRA Stage Two Appropriate Assessment is then provided in:

Chapter 10: Information to inform the Appropriate Assessments, including maximum design scenarios, designed in measures, an outline of the approach taken to baseline data, conservation objectives, and the in-combination assessment.
Chapter 11: Appraisal of Adverse Effects on Integrity on European sites designated for Annex I habitats, alone and in-combination.
Chapter 12: Appraisal of Adverse Effects on Integrity on European sites designated for Annex II diadromous fish species, alone and in-combination.
Chapter 13: Appraisal of Adverse Effects on Integrity on European sites designated for Annex II marine mammals, alone and in-combination.
Chapter 14: Site conclusions – the conclusions of chapters 11 to 13 are summarised for clarity and the overall finding of this Part of the RIAA is provided.
Chapter 15: Integrity matrices – summary tables showing how under each separate designation, all features of each designation, for which likely significant effects could not be excluded at HRA Stage One Screening, have been fully considered in the assessment of adverse effects on integrity.

7 The scope of this Part of the RIAA covers all relevant SACs and relevant qualifying interest features where LSEs have been identified due to impacts arising from the Proposed Development. This report will provide the competent authority with the information required to undertake an HRA Stage Two Appropriate Assessment (see Part One of the RIAA for more detail on the HRA process).

8 Consultation

8 Consultation has been undertaken with statutory stakeholders during key stages of the Proposed Development with regards to Annex I habitat (coastal and subtidal), Annex II diadromous fish and Annex II marine mammal features of SACs.

9 A summary of the details of all consultation undertaken to date which is relevant to this Part of the RIAA on SACs, and the HRA process in general, is presented in Table 8.1 Open ▸ . Where consultees raised similar points, these have been grouped.

Table 8.1: Consultation Summary

9 Summary of HRA Screening Conclusions for Special Areas of Conservation

10 This section summarises all LSEs identified from the HRA Stage One Screening (arising alone and/or in-combination) for SACs and defines the scope of the Stage Two assessments within this Part of the RIAA. An account is provided of any updates made to the screening outcomes as reported in the HRA Stage One Screening Report, which was shared with consultees in October 2021 (SSE Renewables, 2021b).

9.2 Screening Outcomes for the Proposed Development Alone

11 The HRA Stage One Screening Report (SSE Renewables, 2021b) identified that 11 SACs are likely to be significantly affected by the Proposed Development alone.

9.2.2 Screening Outcomes for Annex I Habitats

12 One European site designated for Annex I habitats (Berwickshire and North Northumberland Coast SAC) was advanced to HRA Stage Two Appropriate Assessment.

13 In response to the HRA Stage One Screening Report (SSE Renewables, 2021b) NatureScot was content with the single site screened in to the HRA Stage Two HRA Appropriate Assessment – Berwickshire and North Northumberland Coast SAC and with habitat features identified (see Table 9.1 Open ▸ and Figure 9.1 Open ▸ ). A summary of the site features at risk of potential LSE, along with corresponding impact pathways for each phase of the Project is provided in Table 9.1 Open ▸ .

14 The following updates have been made to the screening outcomes reported in October 2021 (SSE Renewables, 2021b):

A minor error was published in the HRA Stage One Screening Report (SSE Renewables, 2021b). In the summary table 7.1 of that report, accidental pollution was erroneously reported as a potential LSE for the reef feature of this site. Following advice from NatureScot (2021) and MSS (2021), accidental pollution associated with construction and operation and maintenance activities is not considered as an impact pathway and no LSE is anticipated. This is on the basis that accidental pollution will be subject to other regulatory control through both legislation and the requirements for contingency plans. No LSEs are therefore reported for the reef feature of this site (see Table 9.1 Open ▸ ); and
Due to the selection of the Skateraw landfall location (and slight modification (reduction) of the Proposed Development export cable corridor), the minimum distance between the Berwickshire and North Northumberland Coast SAC and the Proposed Development export cable corridor is now 4.1 km (previously 3.0 km). As the site is now further away from the Proposed Development export cable corridor the potential for effects, such as those arising from increased SSC and sediment deposition is reduced. This change is, however, considered to have no material bearing on the screening outcomes reported previously.

15 The changes to the design since the HRA Screening exercise (SSE Renewables, 2021b) detailed in section 4.10 of Part One of the RIAA would result in beneficial outcomes for habitat receptors, or this receptor group is otherwise not sensitive to the activities. Therefore, these changes are considered to have no material bearing on the screening outcomes for Annex I habitats reported previously.

9.2.3 Screening Outcomes for Annex II Diadromous Fish

16 The following six European sites designated for Annex II diadromous fish were advanced to HRA Stage Two Appropriate Assessment and are shown in Figure 9.2 Open ▸ :

Tweed Estuary SAC;
River Tweed SAC;
River South Esk SAC;
River Tay SAC;
River Dee SAC; and
River Teith SAC.

17 A summary of the site features for which LSE was identified, along with corresponding impact pathways for each phase of the Project, is provided in Table 9.1 Open ▸ .

18 The following update has been made to the screening outcomes for diadromous fish sites reported in October 2021 (SSE Renewables, 2021b):

Following advice from Scottish Ministers and NatureScot in their response to HRA Stage One Screening Report (MS-LOT, 2022), the impact pathway ‘increase in suspended sediment concentration (SSC) and sediment deposition’ has been taken forward to HRA Stage Two Appropriate Assessment during the construction and decommissioning phases for each of the above listed European sites designated for Atlantic salmon NatureScot advised that: “as there are likely to be high numbers of young Atlantic salmon migrating through the area each year, and on the basis of the limited information provided concerning expected concentrations of sediment, behavioural responses to increases in suspended sediment and sediment deposition should be screened in during the construction and decommissioning phase.”

19 The changes to the design since the HRA Screening exercise (SSE Renewables, 2021b) detailed in section 4.10 of Part One of the RIAA would result in beneficial outcomes for Annex II diadromous fish, or this receptor group is otherwise not sensitive to the activities. Therefore, these changes are considered to have no material bearing on the screening outcomes for Annex II diadromous fish reported previously.

9.2.4 Screening Outcomes for Annex II Marine MammalsG

Pinnipeds

20 Three European sites designated for pinnipeds were advanced to HRA Stage Two Appropriate Assessment and are shown in Figure 9.3 Open ▸ :

Berwickshire and North Northumberland Coast SAC (grey seal);
Isle of May (grey seal); and
Firth of Tay and Eden Estuary SAC (harbour seal).

21 A summary of the site features for which LSE was identified, along with corresponding impact pathways for each phase of the Project, is provided in Table 9.1 Open ▸ . In response to the HRA Stage One Screening Report (SSE Renewables, 2021b), NatureScot agreed with the list of SACs and their qualifying features screened in (MS-LOT, 2022).

22 Since the HRA Stage One Screening Report outcomes were reported in October 2021 (SSE Renewables, 2021b), routine geophysical surveys during the operation and maintenance phase of the Proposed Development have been added to the project design (see section 4.10 of Part One of the RIAA). As a result, injury and disturbance to pinnipeds from elevated underwater noise during site investigation surveys during the operation and maintenance phase (in addition to consideration of this impact during the construction phase) has been considered as a potential impact during the HRA Stage Two Appropriate Assessment. No other updates relating to pinnipeds have been made to the HRA Stage One Screening Report outcomes reported in October 2021.

Cetaceans

23 Two European sites designated for cetaceans were advanced to HRA Stage Two Appropriate Assessment and are shown in Figure 9.3 Open ▸ :

Southern North Sea SAC (harbour porpoise); and
Moray Firth SAC (bottlenose dolphin).

24 A summary of the site features for which LSE was identified, along with corresponding impact pathways for each phase of the Project, is provided in Table 9.1 Open ▸ . In response to the HRA Stage One Screening Report (SSE Renewables, 2021b), NatureScot agreed with the list of SACs and their qualifying features screened in (MS-LOT, 2022).

25 The following updates have been made to the screening outcomes reported in October 2021 (SSE Renewables, 2021b):

The LSE Screening concluded that the impact pathway ‘underwater noise from vessels and other vessel activities’ during all phases of the Proposed Development could be screened out for harbour porpoise at Southern North Sea SAC and bottlenose dolphin at Moray Firth SAC. NatureScot advised in their response to the screening outcomes (SSE Renewables, 2021b) that: “Underwater noise from vessels should be screened in for grey seal, harbour seal and bottlenose dolphin for all activities across the lifespan of the project.” Therefore, this impact pathway has been screened in for bottlenose dolphin, grey seal and harbour seal but, due to the intervening distance between the Proposed Development and the Southern North Sea SAC, this impact pathway has not been screened in for harbour porpoise.
Since the HRA Stage One Screening Report outcomes were reported in October 2021 (SSE Renewables, 2021b), routine geophysical surveys during the operation and maintenance phase of the Proposed Development have been added to the project design (see section4.10 of Part One of the RIAA). As a result, injury and disturbance to cetaceans from elevated underwater noise during site investigation surveys during the operation and maintenance phase (in addition to consideration of this impact during the construction phase) has been considered as a potential impact during the HRA Stage Two Appropriate Assessment.

26 No other updates relating to cetaceans have been made to the HRA Stage One Screening Report outcomes reported in October 2021 (SSE Renewables, 2021b). The changes to the design since the HRA Screening exercise (SSE Renewables, 2021b) detailed in section 4.10 of Part One of the RIAA would have no material bearing on the screening outcomes for cetaceans reported previously.

9.3 Screening Outcomes for Likely Significant Effects In-Combination

27 It is acknowledged that the potential remains for a trivial effect alone (insufficient to result in a conclusion of LSE) to contribute to a LSE in-combination with other plans and projects. Hereafter, LSE that would only result through effects acting in-combination are referred to as Likely Significant Effects In-Combination (LSEI). This section summarises the outcome for the consideration of LSEI for each receptor group.

28 In the HRA Stage One Screening Report, the LSEI assessment focused on identifying sites/features for which no LSE alone was concluded, but where there is LSE in-combination with other plans and projects (e.g. due to wide foraging ranges resulting in a species interacting with a large number of projects). It is not necessary at the LSE in-combination stage to consider sites/features for which an LSE ‘alone’ has already been identified, as in-combination effects will be considered at the Stage Two Appropriate Assessment.

9.3.2 LSE In-Combination for Annex I Habitats

29 No European sites designated for Annex I habitats overlap with the Proposed Development; however, a search area of 20 km was applied in order to identify relevant sites designated for Annex I habitats which may be within the zone of influence (ZoI) of effects associated with the Proposed Development. As one mean tidal excursion in the vicinity of the Proposed Development equates to approximately 6.5 km, as derived from the Atlas of UK Marine Renewable Energy Resources (ABPmer, 2008), a search area of 20 km is considered sufficiently precautionary to capture effects arising from increased SSC and sediment deposition.

30 For Annex I habitats, LSE alone was identified for the only site within 20 km, Berwickshire and North Northumberland Coast SAC for increases in SSC and sediment deposition (Proposed Development export cable corridor works only) and changes in physical processes during the operation and maintenance phase (Proposed Development export cable corridor works only), therefore effects in-combination will be considered at HRA Stage Two Appropriate Assessment.

31 No impact pathways were identified between the Proposed Development and any additional sites designated for Annex I habitats, therefore there is no potential for in-combination effects at any sites apart from Berwickshire and Northumberland Coast SAC.

32 For impacts discounted for LSE alone, there is either no pathway to effect, or the Proposed Development would result in only negligible or inconsequential effects that would not contribute (even collectively with other projects or plans) in a material way to in-combination effects.

9.3.3 LSE In-Combination for Annex II Diadromous Fish

33 A precautionary approach to the selection of relevant sites for Annex II diadromous fish was adopted in the HRA Stage One LSE Screening Report (SSE Renewables, 2021b). With respect to Atlantic salmon, all SACs located south of Fraserburgh and the Moray Firth were identified as relevant in particular due to the potential for disruption to migration (i.e. barriers to migration) to/from natal rivers. Recent evidence suggests that smolts migrating from rivers in the Moray Firth head north and directly across the North Sea rapidly, rather than moving in a coastal direction upon leaving their natal rivers (Newton et al., 2017; Gardiner et al., 2018a). The latest evidence indicates that adult salmon migration to natal rial rivers in the Moray Firth is most likely from the north (TCE, 2019). Therefore, on this basis, there is no potential for connectivity between the Proposed Development and Atlantic salmon from any additional SACs beyond those identified as relevant in the HRA Stage One Screening Report.

34 With respect to lamprey species, and as acknowledged by NatureScot and MSS in their screening response on the 2020 Berwick Bank Wind Farm Proposal LSE Screening Report, there is little information on their spatial distribution out with estuaries. Therefore, on a precautionary basis, the area of search for Atlantic salmon sites, as described above, was considered a suitable proxy for identification of sea lamprey and river lamprey sites. This search area extended to 100 km from the Proposed Development boundary.

35 No impact pathways were identified between the Proposed Development and any additional sites designated for Annex II diadromous fish, therefore there is no potential for in-combination effects at any sites apart from those which are screened in for HRA Stage Two Appropriate Assessment (i.e. Tweed Estuary SAC, River Tweed SAC, River South Esk SAC, River Tay SAC, River Dee SAC, River Teith SAC).

9.3.4 LSE In-Combination for Marine Mammals.

36 A precautionary approach to selection of relevant sites for Annex II marine mammals was adopted in the HRA Stage One LSE Screening Report (SSE Renewables, 2021b). As marine mammals are highly mobile animals with the potential to forage over wide areas, all European sites for marine mammal features with a range that overlaps with the Proposed Development were considered. For Annex II cetaceans (harbour porpoise and bottlenose dolphin) the search area extended to the relevant Management Unit (MU) for each species, as defined by the Inter Agency Marine Mammal Working Group (IAMMWG, 2015). For harbour seal, a precautionary search area of 100 km was applied, based on telemetry data. For grey seal, a search area of 100 km was also applied, based on the latest advice regarding the typical foraging range of the species from haul out sites.

37 The HRA Stage One LSE Screening Report (SSE Renewables, 2021b) identified LSE alone for all UK sites within species’ range, therefore in-combination effects for these sites will be assessed at HRA Stage Two Appropriate Assessment.

38 With respect to the 19 transboundary sites identified within the search areas outlined above, all relevant effect pathways are considered extremely weak, given the intervening distances between the Proposed Development and the transboundary sites considered (>290 km). As a result, only negligible (if even detectable) effects would be apparent and could not contribute, in any material way, to an in-combination effect, and as such, LSEI associated with planned projects or other activities in the vicinity of the Proposed Development are also not anticipated for marine mammal features of any transboundary site.

9.4 Summary Table of Likely Significant Effects Identified and Considered in the HRA Stage Two Appropriate Assessment

39 A summary of the site features for which LSE has been identified, along with corresponding impact pathways for each phase of the Project, is provided in Table 9.1 Open ▸ . The full outcome of the LSE screening, including sites and impacts that have been screened out and justification for screening these out, is presented in the HRA Stage One Screening Report (SSE Renewables, 2021b).

Table 9.1: A Summary of all European Sites for which LSE Could not be Discounted at HRA Stage One Screening and for which Appropriate Assessment is Required

Figure 9.1: Location of European Sites Designated for Annex I Habitats to be Taken Forward for Determination of Adverse Effects on Integrity

Figure 9.2: European Sites Designated for Annex II Diadromous Fish Species Taken Forward for Determination of Adverse Effects on Integrity

Figure 9.3: European Sites Designated for Annex II Marine Mammal Species Taken Forward for Determination of Adverse Effects on Integrity

10 Information to Inform the Appropriate Assessments

40 As described in chapter 2 of Part One of the RIAA, a European site is progressed to the Appropriate Assessment stage (Stage Two of the HRA process) where it is not possible to exclude a LSE on one or more of its qualifying interest features in view of the site’s conservation objectives. European sites, features and potential impacts requiring an Appropriate Assessment for the Proposed Development are therefore those for which LSE could not be ruled out during the Screening exercise and following consultation (see Table 8.1 Open ▸ ).

41 Information to help inform the Appropriate Assessment for SACs is provided in the following sections of this Part of the RIAA and is split into relevant receptor groups:

Section 11: Annex I habitats;
Section 12: Annex II diadromous fish; and
Section 13: Annex II Marine mammals.

42 The information provided includes a description of the SACs under consideration, their qualifying interest features, and an assessment of potential effects on site integrity in light of the conservation objectives of each site.