Place and Environment - Natural Environment

The protection and enhancement of East Ayrshire's landscape character as identified in the Ayrshire Landscape Character Assessment will be a key consideration in assessing the appropriateness of all development proposals in the rural area. The Council will require that:

1. development proposals are sited and designed to respect the nature and landscape character of the area and to minimise visual impact – particular attention will be paid to size, scale, layout, materials, design, finish, lighting and colour
2. where visual impacts are unavoidable, development proposals should include adequate mitigation measures to minimise adverse impacts on the landscape
3. particular features that contribute to the value, quality and character of the landscape are conserved and enhanced, where applicable or feasible to the development – development that would result in the loss of valuable landscape features, to such an extent that character and value of the landscape are unacceptably diminished, will not be supported – such landscape features include:

• • settings of settlements and buildings within the landscape
  • skylines, distinctive landform features, landmark hills and prominent views
  • woodlands, shelter belts, hedgerows and trees (especially ancient and veteran trees of high nature conservation and landscape value)
  • field patterns and means of enclosure, such as dry stone dykes
  • burns, rivers, lochs and other water features
  • public rights of way and footpaths

The Council will not support development that would create unacceptable visual intrusion or irreparable damage to landscape character.

Mitigation

All development which has the potential to have an adverse impact on landscape character and/or landscape features will be required to consider mitigation from the outset. Landscape and visual considerations should inform decisions on site layout, architectural design, and landscape design to reduce the potential for significant effects.

Proposals should outline how mitigation measures will be incorporated into the design of the development. These will be considered as part of any planning application.

Landscape and visual impact assessment

Dependent on the likely magnitude of landscape impact, the Council may require proposals to be accompanied by a Landscape and Visual Impact Assessment (LVIA), which demonstrates clearly the level of impact the proposal will have on the landscape.

The level of detail submitted should be commensurate with the scale of the application. The LVIA should also include a cumulative impact assessment, which must take account of all relevant development types, taking a broader approach than focusing on the site alone.

The Council will not support proposals where there will be an unacceptable cumulative landscape and/or visual impact.

East Ayrshire Council will only support development proposals in the Merrick Wild Land Area where the proposal:

• will support meeting renewable energy targets; or
• is for small scale development directly linked to a rural business or croft or is required to support a fragile community in a rural area

All such proposals must be accompanied by a wild land impact assessment which sets out how design, siting or other mitigation measures have been and will be used to minimise significant impacts on the qualities of the wild land, as well as any management and monitoring arrangements, where appropriate.

Effects of development outwith wild land areas will not be a significant consideration.

Within the Local Landscape Areas shown on the Rural Area Map, the Council will give priority to the protection and enhancement of the landscape, in its consideration of development proposals.

All proposals within the Local Landscape Area must be designed to take account of the landscape qualities of the area and seek to avoid adverse impacts where possible. Where not possible, and where there are significant social, environmental or economic benefits of local importance which can be demonstrated and justified, measures should be taken to reduce or lastly mitigate against any potential adverse impacts.

The Council will not support proposals that have unacceptable impacts on the character and visual amenity of the Local Landscape Areas and on the qualities that make them special.

Statutory guidance will support policy NE3 by providing greater detail on the character and qualities of the Local Landscape Areas

In order to protect biodiversity and facilitate its enhancement, recovery and restoration across East Ayrshire, the Council will support development proposals that contribute to the enhancement of biodiversity, including the restoration of degraded habitats, build and strengthen nature networks and improve the connection between these networks and minimise adverse impacts through careful planning and design.

Proposals must accord with the principles set out within Policies DES1 and OS1.

Mitigation

The Council will be supportive of proposals which incorporate measures which are likely to increase biodiversity and the population of species, most notably those identified within criteria (i) to (iv) of Policy NE6: Vulnerable, Threatened and Protected Species.

Measures to enhance biodiversity will be anticipated to be proportionate to the nature and scale of the development proposal.

Nature-based solutions

Development proposals which integrate nature-based solutions and deliver positive effects for biodiversity will be supported by the Council.

National or major development or development that requires an Environmental Impact Assessment

Development proposals for national or major development or development that requires an environmental impact assessment (EIA) will only be supported by the Council where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so that they are in a demonstrably better state than without intervention, including through future management. To inform this, best practice assessment methods should be used.

Development proposals should:

1. be based on an understanding of the existing characteristics of the site and its local, regional and national ecological context prior to development, including the presence of any irreplaceable habitats
2. wherever feasible, integrate and make best use of nature-based solutions, demonstrating how this has been achieved
3. be supported by an assessment of potential negative effects which should be fully mitigated in line with the mitigation hierarchy (see glossary) prior to identifying enhancements
4. provide significant biodiversity enhancements, in addition to any proposed mitigation. Biodiversity enhancements should include supporting nature networks, linking to and strengthening habitat connectivity within and beyond the development. Biodiversity enhancements should be secured within a reasonable timescale and with reasonable certainty. They should include management arrangements for their long-term retention and monitoring, wherever appropriate
5. consider local community benefits of the biodiversity and/or nature networks

Development should aim to protect and enhance nature and biodiversity. Positive contributions can be achieved through appropriate siting and design, in order to minimise any adverse impacts on habitats, network connectivity and species; individually or cumulatively.

In order to ensure that areas of nature conservation interest are adequately protected from any direct or indirect adverse impacts from development:

1. There will be a presumption against development which could adversely impact areas of international importance designated or proposed by Scottish Ministers for designation as Special Protection Areas or Special Areas of Conservation (European sites). Any development likely to have a significant effect on a European site which is not directly connected with, or necessary for, its conservation management must be subject to a 'Habitats Regulations Appraisal' or an 'appropriate assessment' of the implications for the conservation objectives. Such development will only be approved if the appraisal shows there will be no adverse effect on the integrity of the site. A derogation from Scottish Ministers is available for authorities to approve plans or projects which could adversely affect the integrity of a European site if:

• • it has been demonstrated that there are no alternative solutions
  • there are reasons of over-riding public interest, including social and economic
  • compensatory measures are taken to ensure that the overall coherence of the European sites network is protected

2. Any development affecting sites of national importance for biodiversity and geodiversity, such as a Site of Special Scientific Interest (SSSI) will only be permitted where it will not adversely affect the integrity of the area or the qualities for which it has been designated or where any significant adverse effects on the qualities for which it is designated are clearly outweighed by social, environmental or economic benefits of national importance.

3. There will be a presumption against any development which could have a significant adverse impact on the integrity of a site of local importance (Local Nature Conservation Sites and Local Nature Reserves) or the qualities for which it has been identified. This presumption against development will also apply to other sites which are undergoing or have undertaken in-situ conservation and/ or long-term enhancement work (bog and peatland restoration sites) and sites of former mineral extraction that have been restored or naturally regenerated, subject to an assessment of the environmental value of any flora and fauna on the site. All sites of recognised nature conservation value will be safeguarded wherever possible. Development will only be permitted on such sites where appropriate measures will be put in place to conserve and manage, as far as possible, the site's biological and geological interest and to provide for replacement habitats, species and features where damage is unavoidable, in proportion to the nature and scale of the development and its impact. Any significant adverse impact on the integrity of the area must be clearly outweighed by social, environmental or economic benefits of at least local importance.

4. The effective management and conservation of existing landscape features which are of major importance for wild fauna and flora, including linear features such as rivers and existing field boundaries, and other features such as ponds and small woods and hedgerows which are essential for migration, dispersal and exchange of wild species, will be achieved. Cognisance should be given to the Central Scotland Green Network habitats and hotspots mapping.

The Council will apply 'the precautionary principle' where the impacts of a proposed development on an internationally or nationally significant natural heritage resource are uncertain but there is sound evidence indicating that significant irreversible damage could occur.

If there is any likelihood of damage, modifications to the proposal to eliminate the risk of such damage should be considered and integrated into the design. If there is uncertainty, research, surveys or assessments to remove or reduce uncertainty should be undertaken.

Biodiversity action plan

Development that would have a significantly adverse effect on priority habitats or species set out within the Ayrshire Local Biodiversity Action Plan will not be permitted unless it can be demonstrated that the impacts are clearly outweighed by social, environmental or economic benefits of local importance.

Where there is likely to be an adverse impact on biodiversity, an ecological appraisal will be required. This appraisal must identify potential impacts to all biodiversity assets (international, national and locally important) within or adjacent to the proposed site, providing detail on how detrimental impacts will be avoided, minimised, or if this is not possible, methods of mitigation which will provide opportunities for biodiversity enhancement, where applicable, in line with the mitigation hierarchy (see glossary).

Protected species

The Council will not support development which would have an unacceptable adverse impact on protected species, as follows:

1. European Protected Species (See Schedules 2 & 4 of the Habitats Regulations 1994 (As Amended) for definition)
2. Birds, Animals and Plants listed on Schedules 1, 5 and 8 (respectively) of the Wildlife and Countryside Act 1981 (As Amended)
3. Badgers as per section 10 of the Protection of Badgers Act 1992
4. Species detailed within the Scottish Biodiversity List (SBL) which includes, protected and threatened species, as well as species where conservation action is needed, where negative impacts should be avoided and watching brief only

Planning permission will only be permitted where proposals meet the relevant statutory tests and where a consultation response from NatureScot concludes that a species license is likely to be granted.

If there is evidence that protected species may be affected by a development, steps must be taken to establish their presence. The planning and design of any development which has the potential to impact on a protected species will require to take into account the level of protection afforded by legislation and any impacts must be fully considered prior to the submission of any planning application. Planning permission will not be granted for developments that would be likely to have an adverse effect on protected species.

Threatened and vulnerable wildlife

The Council will not support development which would have an unacceptable adverse impact on critically endangered, endangered, vulnerable, or near-threatened species.

Invasive non-native species

The Council will at all times seek to protect indigenous species. Where there are invasive non-native species present on a development site, or where planting is planned as part of the proposed development, developers should take account of legislative provisions relating to nonnative species.

The Council will consider the geodiversity impact of development proposals. Development that could have an adverse impact on East Ayrshire's Regionally Important Geological Sites or Geological Conservation Review Sites will not be supported by the Council unless:

• the public benefits of the proposed development at a local or national level evidently outweighs the geodiversity value of the site in question; and
• appropriate mitigation measures have been incorporated into the siting, design and scale of the development in order to minimise the adverse impacts experienced. Should any rock exposures be resultant, where possible, these should be considered for their potential as an educational resource. A visual record should be obtained prior to any loss.

The Council seeks to conserve and protect areas of geological interest.

Development which adversely impacts upon geological features of interest will not be supported by the Council unless it is required in respect of health and safety.

If development is required on areas adjacent to geological features of interest, development proposals should be accompanied by supporting documentation showing how the geological features will be protected and if possible, made accessible as an educational and/or tourist resource.

Within settlements and rural areas, there will be a presumption against the loss of:

• ancient semi-natural woodland and ancient and veteran trees
• native woodland, hedgerows and individual trees of high biodiversity value or identified for protection in the Ayrshire and Arran Forestry and Woodland Strategy
• trees protected by Tree Preservation Orders

Proposals which are likely to have an adverse impact on the ecological condition of these assets will not be supported by the Council. Proposals which are likely to result in fragmentation or severance of woodland habitats will not be supported unless appropriate mitigation measures are identified and implemented in line with the mitigation hierarchy (see glossary).

Development proposals will not be supported where they conflict with a restocking direction, remedial notice or registered notice to comply issued by Scottish Forestry.

Where the loss of trees, woodland and hedgerows is allowed, it will be necessary for development proposals to achieve significant and clearly defined additional economic, social or environmental public benefits in line with the Scottish Government's Control of Woodland Removal policy.

Where removal can be fully justified, compensatory planting and mitigation will be required to the satisfaction of the Council and Forestry and Land Scotland and in line with the provisions of The Ayrshire and Arran Forestry and Woodland Strategy. The Scottish Government's Control of Woodland Removal Policy will also be taken into account where relevant.

The Ayrshire and Arran Forestry and Woodland Strategy forms non-statutory guidance which supports Policy NE8 by providing detailed guidance on the most appropriate tree species and locations for woodland removal and creation to ensure that a net gain is achieved.

Development proposals within an area of existing woodland or land identified within the Ayrshire and Arran Forestry and Woodland Strategy therein deemed suitable for woodland creation should enhance and expand woodland onsite by integrating it into design in order to meet national targets set within Scotland's Forestry Strategy (2019-2029).

The Council will support developments that propose to enhance, expand and improve woodland to deliver benefits such as:

• carbon sequestration
• improving air quality
• enhancing energy efficiency
• providing shelter and shade
• providing opportunities for woodland play and recreation
• improving biodiversity
• helping prevent flooding
• other ecosystem services

The creation of new woodland should take into consideration its individual and cumulative impacts on landscape character.

The Council will seek to ensure that there is no unacceptable and irreversible loss of prime quality and good quality, locally important agricultural land. Prime quality land is defined as land identified in classes 2 and 3.1 on the Macauley Land Capability for Agriculture maps of Scotland. Good quality, locally important agricultural land is defined as land identified in class 3.2 on these maps.

Development proposals on prime or locally important agricultural land will not be permitted unless it is for one or more of the following purposes:

• land allocated for development in this plan
• small-scale development directly related to a rural and/or agricultural business, including housing to enable essential workers for the business to live on site
• the development of production and processing facilities utilising produce from the land where no other local site is suitable
• essential infrastructure where there is a specific locational need and no other suitable site
• the generation of energy from renewable sources or the extraction of minerals and there is secure provision for restoration

In all the above exceptions, the layout and design of the proposal must minimise the amount of protected land that is required and protect soil that remains in situ from damage, including from compaction and erosion, and must minimise soil sealing.

Development proposals on undeveloped land must be designed to:

• avoid, if possible, and, if avoidance is not possible, minimise disturbance to soils
• protect soils from damage, including from compaction and erosion
• minimise soil sealing

Proposed development on peatland, carbon rich soils and priority peatland habitat

In recognition of the role of peatland soils as valuable carbon stores or "sinks", the Council will seek to minimise adverse impacts from development on such soils, including by the release of CO2 to the atmosphere. The Council will support and promote the restoration of peatland habitats, where there is potential for such habitats to become active carbon stores and help to reduce net carbon emissions.

There will be a presumption against the disturbance and/or removal of Class 1, 2 and 5 peatland, deep peat and other carbon rich soils unless it is essential for one or more of the following:

• in-situ conservation purposes
• restoration of peatland habitats
• essential infrastructure and there is a specific locational need and no other suitable site
• generation of energy from renewable sources that optimises the contribution of the area to greenhouse gas emissions reduction targets
• small-scale development directly linked to a rural business or farm
• development proposals that would support a fragile community in a rural area

Minimising disturbance to soils

Where development is proposed on peat and other carbon-rich soils, a detailed site-specific survey of peatland habitats is required which identifies:

• baseline depth, habitat condition, quality and stability of carbon-rich soils
• likely effects of development, including on soil disturbance
• a comprehensive assessment and justification of the likely net effects of development on climate emissions and loss of carbon

Any detailed survey work must consider fully the potential impact on Class 1, 2 and 5 areas of carbon-rich soil, deep peat and priority peatland identified by NatureScot and shown on the Soils Map in Volume 2 of this plan.

Where an assessment identifies peat on site, a peat management plan will be required. This must show:

• that adverse impacts including unnecessary disturbance, degradation and erosion have been avoided, where possible, or minimised through best practice, where this is not possible
• with other plans, as appropriate, that the site can be restored or enhanced to create a functioning peatland system capable of achieving carbon sequestration
• how peat is to be carefully handled to retain its existing structure and integrity for reuse
• storage of peat to be undertaken in purpose-designed peat storage areas

All storage of peat and its use in the restoration of a site must be carried out to the satisfaction of the Council, NatureScot and the Scottish Environment Protection Agency.

If peat that has not been identified as Class 1, 2 or 5 by NatureScot is required to be removed in order to access mineral reserves, a full justification for its removal must be provided.

Commercial peat extraction

Development proposals for new commercial peat extraction will only be supported where:

• the extracted peat is required to support the Scottish whisky industry
• there is no reasonable substitute
• the area of extraction is the minimum necessary and the proposal retains an in situ residual depth of peat of at least one metre across the whole site, including drainage features; the time period for extraction is the minimum necessary

• there is an agreed comprehensive site restoration plan which will progressively restore, over a reasonable timescale, the area of extraction to a functioning peatland system capable of achieving carbon sequestration

Water environment and resources

In line with the Water Framework Directive (2000/60/EC), the Council will give priority to maintaining and improving the quality of all water bodies and ground water.

The Council will not be supportive of any proposals which would disrupt or otherwise adversely impact on water catchment areas, principle water courses and their tributaries or other major water resources such as lochs and reservoirs throughout East Ayrshire.

There will be a presumption against any development that will have an adverse impact on the water environment in terms of pollution levels and the ecological value of water habitats. Developments must not harm the biodiversity of the water environment.

Where developments are proposed on or close to existing water bodies, design solutions should explore how best to maintain their water quality and, where possible, improve the water bodies through maintaining them as wildlife corridors where biodiversity can be improved. Maintenance access buffer strips of a minimum 6 metres in width should be provided between the development and the adjacent watercourse.

The Council will not be supportive of developments which will, or which have the potential to, cause significant adverse impacts on water bodies as a result of morphological changes to water bodies such as engineering activities in the form of culverts or changes to the banks or bed. When there are culverted watercourses within or immediately adjacent to a site, a feasibility study including a flood risk assessment should be undertaken prior to development to assess the potential for channel restoration.

Where it is considered that a development may impact on water resources, the Council will not be supportive of the proposal unless:

1. adequate mitigation measures can be implemented, to the satisfaction of the Council and SEPA, to prevent any pollution of the water resource concerned
2. any changes to the levels of surface and ground water, changes to river flows, and the changes to water quality can be demonstrated not to have an unacceptable adverse impact on natural habitats, water abstraction schemes or to give rise to an unacceptable increase in flood risk

In terms of restoration and the water environment:

• there will be a presumption against the creation of deep waterbodies on sites where previously there were none
• wetland habitat will be supported in restoration proposals. Such proposals will seek to protect and enhance wetland habitats
• use for water bodies which include the introduction of non-native species shall not be permitted where there is connectivity to other water courses
• existing water bodies will require to be effectively managed, particularly in terms of water level and water quality
• the restoration of water environments to original catchment areas will be supported

Development will be required to connect to the public sewerage system, where possible, and manage surface water through sustainable drainage systems (SuDS). Where it is not possible to connect to the public system, drainage should be to an appropriately designed private sewerage system or septic tank and, if applicable, outfall.

An assessment of the impact of development on private water supplies may be necessary if the development is likely to affect any part of the source, pathway or receptor.

Where the development is likely to impact on other private water supplies, developers will be required, in consultation with Scottish Water and East Ayrshire Council's Environmental Health division, to identify all sources of private water supply and any mitigation measures should be comprehensively detailed and be implemented where necessary. This may include sourcing an alternative supply.

Air

All developers will be required to ensure that proposals have minimal adverse impact on air quality and should have regard to the mitigation hierarchy to address any impacts of their development.

Air quality assessments will be required for any proposed development which the Council considers may significantly impact upon air quality, either on its own or cumulatively.

Development that will have a significant adverse impact on air quality will not be supported.

Light

All development proposals must incorporate design measures which minimise or reduce light pollution.

Developers will require to demonstrate that consideration has been given to reducing light pollution, by minimising unnecessary lighting and using the most appropriate forms of lighting to carry out specific tasks.

Within the Dark Sky Park and surrounding area, particular priority is given to minimising light pollution, to maintain the integrity of the designation.

Noise

All new development must take full account of any Noise Action Plan and Noise Management Areas that are in operation in the area and ensure that significant adverse noise impacts on surrounding properties and uses are avoided.

A noise impact assessment may be required in this regard and noise mitigation measures may be required through planning conditions and/or Section 75 Obligations.

In cases where a development is proposed on land which is known or suspected to be contaminated, the Council will require the developer to investigate and identify the nature of the contamination and to detail the remedial measures to be undertaken to treat or remove that contamination, as an integral part of any planning application.

In this regard, developers will be required to carry out site investigation, risk assessment, remediation and monitoring of the development site as detailed in PAN33: Development of Contaminated Land.

Where site conditions are appropriate, consideration should be given to both radioactive and non-radioactive sources of contamination.