Protecting & Enchancing the Natural Environment

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Chapter 1 - Caring for the Environment

Objective 1 - Protecting & Enchancing the Natural Environment

1.3: A key part of caring for the environment is to ensure that the natural environment is protected from any adverse effects of development. Policies EN1 to EN5 seek to ensure that this protection is provided and that development proposals are located where they do not cause significant harm to Clackmannanshire’s natural environment.

Sites of Local Ecological Importance

1.4: Despite its restricted size, Clackmannanshire has a very diverse range of flora and fauna. This variety of life is often referred to as the area’s biodiversity. Clackmannanshire has many areas that are recognised as being of national or international importance, protected by European and UK laws. These internationally and nationally designated sites are shown on the Countryside Map. The Structure Plan provides strong policies for these designated sites. This is reflected in the policies of the Local Plan which also seeks to ensure that valuable local ecological resources are not diminished or lost while justifiable development is not precluded. It is also recognised that nature conservation interest is not confined to designated sites. Sites such as Local Nature Reserves (LNRs), Listed Wildlife Sites (LWSs) (often on privately owned land closed to the public, identified following consultation with Scottish Natural Heritage and the Scottish Wildlife Trust) and long established woodlands can all have great local significance. These are also shown on the Countryside Map. Woodlands that are included in the Ancient Woodlands Inventory are listed in the Appendix to the Plan.
1.5: In July 2003, the first and second tranches of the Clackmannanshire Local Biodiversity Action Plan (LBAP) were launched. A third and final tranche is to be published spring 2004. A total of 21 Habitat Action Plans (HAPs) and 28 Species Action Plans (SAPs) will form the completed Clackmannanshire BAP, covering the period from 2003 to 2008 (financial years). Although locally driven, this process is part of the international UN Convention on Biological Diversity, the UK Biodiversity Action Plan and the Scottish Biodiversity Strategy, due to be published in 2004. The overall objective of these plans is to maintain and enhance biodiversity the total variety of life. The local HAPs and SAPs take account of local and national biodiversity priorities. Each plan outlines the current status, overall objectives and specific actions for each year, which are in turn monitored annually. The Local Plan supports the Clackmannanshire LBAP process by ensuring that its guidelines and actions will be given full consider ation as part of decisions on new development.
1.6: The Plan seeks to protect designated nature conservation sites and other sites of a locally recognised conservation interest. The Council also recognises the importance of ensuring that wildlife corridors such as streams, hedgerows and other linear features link sites of nature conservation interest wherever possible. This concept of managing, safeguarding and enhancing the “wider natural heritage” is one that has specific support from Government through NPPG 14 (Planning and Natural Heritage). In addition, it is recognised that development activity can have a particularly detrimental effect on wildlife during spring and early summer when many species raise young, and on migration and feeding routes. The Council will liaise with developers to reduce and mitigate potential impacts and ensure compliance with wildlife legislation.
1.7: Structure Plan Policy ENV 1 provides strong protection for sites of international, national and local ecological importance. Policy EN 1, below, provides further detailed policy protection for sites of local ecological importance.

Policy EN1 - Sites of Local Ecological Importance

When considering applications for development, the Council will be guided by the Clackmannanshire Local Biodiversity Action Plan (LBAP). Proposals which may have a detrimental impact upon the ability to achieve the guidelines and actions identified in the LBAP will not normally be supported unless clear evidence is provided that negative biodiversity impacts can be satisfactorily mitigated.
Development proposals should have due regard to the importance of non-designated sites of local nature conservation or biodiversity importance or potential and should minimise negative impacts on the integrity of the nature conservation resource, of priority habitats and of priority species. Appropriate measures of compensation and mitigation will require to be demonstrated. Sites and features of interest typically include:
- Sites of local natural heritage significance
- Native woodlands, hedgerows, wetlands, water bodies, river and estuarine corridors
- Linear natural heritage features connecting areas of wildlife interest including, in this context, stone dykes.

Landscape and Ecology

1.8: Clackmannanshire has a highly diverse landscape, ranging from the upland landscape of the Ochil Hills to the flat, coastal landscape of the Forth estuary. Landscape quality is important as an economic as well as an aesthetic resource in that it is a primary attraction for investors and tourists as well as being valued by the local community.

1.9: Areas of Great Landscape Value (AGLVs) are identified on the Countryside Proposals Map and are given specific protection by Policy ENV 2 in the Structure Plan. Clackmannanshire has two AGLVs: Forest, which covers the predominantly wooded lowland area east of Alloa and north of Clackmannan, and also Ochil, which covers the Ochil Hills. The coverage of both of these AGLVs has been reviewed and the boundaries redrawn to ensure that the most valuable landscapes in Clackmannanshire are protected.
1.10: Whilst the Local Plan policies seek to protect designated landscapes such as AGLVs, it is also important to ensure that the wider landscape heritage is given protection from development that may affect its overall quality. To achieve this, a Landscape Character Assessment (LCA) has been undertaken by Scottish Natural Heritage for the whole of Clackmannanshire. This identifies the different landscape types in the area, provides information about key landscape features and identifies how the Council should guide new development in order to protect landscape quality. The LCA will be used in assisting decisions on proposals for development in the countryside. In addition, the Council commissioned a Settlement Capacity Study which assesses the ability of each of Clackmannanshire’s settlements to absorb new development in landscape terms and which has been used to assist the identification of development sites.
1.11: For most non-householder applications, new areas of landscaping and open space are expected. This aims to integrate development with its surrounding landscape, to enhance townscape and to provide new natural heritage areas within our communities. SAN 12 (Landscaping & Open Space), seeks to ensure that landscaping and open space meets the high quality thresholds required by the Council and is integral to all new development. The SAN is therefore a key part of development control decision making. It explains in detail the standard specification that is expected for new landscaping, the processes to be followed when preparing and implementing landscaping as part of development and the need for financial bonds. Financial bonds are required to ensure that landscaping and open space requirements are fully implemented.

Policy EN2 - Landscape and Ecology

In Areas of Great Landscape Value, development will only be permitted:
- Where it is an essential requirement of farming, renewable energy initiatives, appropriate recreational and tourism activities, or forestry which conforms with the Indicative Forestry Strategy; and
- Where there is a specific need for the development which could not be met in a less sensitive location; and
- Where the landscape character and scenic interest would not be adversely affected;
All applications for development which include landscape proposals will require to accord with SAN 12 (Landscaping and Open Space). Specifically, applicants will be required to:
- Submit the following information, to be prepared by a suitably qualified professional, with the planning application:
  - an appraisal of existing ecological and natural and built landscape features of the site,
  - full details of new landscaping and open space proposals for detailed planning applications
  - indicative landscape and open space proposals for outline planning applications
- Ensure where woodland, habitats or other natural and built landscape features already exist within a development site, that proposals for their management enhance their landscape, ecological and aesthetic value.
- Ensure that opportunities to extend existing woodland and/or create new woodland or other natural and built heritage features have been evaluated and form an integral part of development proposals.
- Ensure that existing landscape and natural and built heritage features, such as mature trees and hedgerows, are retained whenever possible and safeguarded during works or construction. Individual trees or other significant landscape features will be protected through planning conditions or tree preservation orders.
- Implement landscaping proposals concurrently with development, except where protective works in advance of development are required or where advance structural planting is required. Such structural planting will, particularly on large phased development sites, normally require to be undertaken at least 3 years prior to erection of buildings
- Ensure that new woodland planting, hedges and other landscaping are normally of native species and, in the case of large development sites, or sites at the edge of settlements, substantial structural planting is provided as detailed in SAN 12 (Landscaping and Open Space).
- Include provision to maintain landscaping for a period of 18 months following practical completion. A Bond will require to be lodged with the Council where landscaping costs associated with the development exceed £5,000. The bond sum will be determined by the criteria identified in the SAN . Sufficient funds for long term aftercare should be guaranteed. The preferred long term aftercare solution is for Council adoption subject to agreement of required commuted sums.

Tree Preservation Orders

1.12: Some trees or groups of trees are so important in ecological and landscape terms that they have been given special protection through Tree Preservation Orders (TPOs). These orders result in the application of strict planning controls. The Council considers that the current range of TPOs need to be reviewed as there are important groups of trees that are not presently protected by a TPO, but may be under threat. The Council will undertake a review of all existing Tree Preservation Orders and identify new TPOs within the lifetime of this Local Plan.

Forestry and Woodlands

1.13: An Indicative Forestry Strategy (IFS) was approved by the Scottish Executive in August 2004 and forms the Clackmannanshire & Stirling Structure Plan second alteration. The Alteration seeks to achieve an appropriate balance between the economic and employment benefits which will result from the development of the forestry industry and the need to protect biodiversity and landscape quality while enhancing recreational opportunity. The Alteration has been prepared in accordance with the methodology set out in Circular 9/1999 (Indicative Forestry Strategies) and replaces the Indicative Forestry Strategy contained in the superseded Central 2000 Structure Plan.
1.14: Broad-leaved woodland is both a significant landscape feature and an important habitat in Clackmannanshire. The majority of this woodland consists of recent broad-leaved or mixed plantations. There is a much smaller resource of long-established woodlands and only a few ancient woodlands. A recently completed habitat audit indicates that only a fifth of Clackmannanshire’s semi-natural woodland is in a favourable condition. Several local initiatives are being developed to manage and conserve existing broad-leaved woodlands and to establish new native woodlands, particularly in the Ochil Hills. A large proportion of Clackmannanshire’s woodlands are in the care of the Council who are responsible for their management. All of the Council’s woodlands will be subject to the provisions of Policy EN 2 in the case of proposed development and the Council will strive to achieve best practice in the care and management of all woodlands under its control.
1.15: Coniferous plantations tend to be located in the eastern part of Clackmannanshire. Many of the existing plantations would benefit from sensitive restructuring as they reach maturity. There may be potential for expansion of the current coniferous forestry resource particularly in association with intrusive land uses such as open-cast mining.
1.16: Trees have an important role to play in enhancing the environment, improving the landscape quality of new and existing settlements, and in providing new recreational resources and habitats for wildlife. Community woodland projects in urban areas and on the fringe of settlements can be particularly beneficial in delivering a range of positive environmental, economic and recreational benefits to local people.

Policy EN3 - Forestry

Proposals for forestry and woodland development will be supported where they deliver local environmental, economic and social benefits.

Water Resources

1.17

Parts of Clackmannanshire are prone to flooding, particularly on land around the main rivers: the Devon, the Black Devon, the Forth and their tributaries. Current predictions of climate change linked to global warming suggest that flooding risk will increase in the future. SPP 7 (Planning and Flooding) advises Planning Authorities to adopt the precautionary principle when assessing proposals and this is reinforced by Structure Plan Policy ENV 9 (Water Resources Management). Therefore in most cases where a significant risk of flooding exists new sites will not be allocated and development will not be permitted unless it can be demonstrated that no suitable alternative location exists, and a flood risk assessment indicates that the risk can be satisfactorily mitigated by works which will not lead to increased flood risk elsewhere, or unacceptable habitat loss. SPP 7 clearly defines the type of locations that may be at risk from flooding, and this will be used by the Council to evaluate whether further information about flood risk is required. This may involve the undertaking of Flood Risk Assessments by developers as part of applications for planning consent. A Flood Appraisal Group has been established to manage and minimise the threat of flooding in Clackmannanshire. This Group will establish Flood Risk Assessment standards for developers, raise awareness locally of the implications of the forthcoming EU Water Framework Directive, advise on best practice and identify specific projects to alleviate flood risk.

1.18

The Council supports the use of Sustainable Urban Drainage Systems (SUDS), particularly where sites are near watercourses. SUDS solutions improve the quality of water run off, as well as reducing the risk of flooding. They also provide very good opportunities for habitat creation. The Council’s preferred approach to SUDS will be to encourage schemes that enable ecological enhancement through new wetland creation. More detailed information about the Council’s policy on SUDS can be found in SAN 9 (Planning and Flooding).

Further information and advice is available in PAN 61 (Planning and Sustainable Urban Drainage Systems), and developers are expected to follow this guidance.

1.19

Many watercourses in Clackmannanshire have become degraded by development, particularly where they have been culverted. Culverting and/or canalisation of a watercourse removes almost all its ecological value and is not generally supported. This is consistent with the Scottish Environment Protection Agency’s policy on culverting of watercourses. Much of the value of Clackmannanshire’s water courses lie in their riverside vegetation and, accordingly, the Council will seek to protect these areas wherever possible by encouraging buffer zones between the water course and the development.

Policy EN4 - Water Resources

All planning applications will be assessed for flood risk. Where sites are potentially at risk, detailed flood risk assessments will be required. Generally, where a site is determined as being at flood risk, permission for new development will not be granted. Only in exceptional circumstances, where it is proven that there is no viable alternative location and where environmentally suitable mitigation measures can be implemented, will a policy of managing the threat of flooding be adopted.
Sustainable Urban Drainage Systems (SUDS) solutions to surface water management will be required, as described in SAN 9 (Planning and Flooding). The preferred approach will be solutions that enable wetland habitat creation or enhancement. In all cases, management of surface water or the implementation of flood prevention measures must take full cognisance of the ecology of the site. Agreement on the long term maintenance of SUDS will be required before any consent is granted.
There will be a presumption against canalisation and/or culverting of any watercourse as part of development. Further, where development is proposed adjacent to a watercourse, management and ecological enhancement of the areas adjacent to the water course will be expected and a buffer zone of at least 10m will where possible be required between the development site and the watercourse’s riverside vegetation. Proposals that incorporate water courses within garden ground will not be supported.

The Coast

1.20: The Forth estuary is classified as a coastal area under NPPG 13 (Coastal Planning). This area is very important for nature conservation. Most of it is designated as a Special Protection Area (SPA), and as a Ramsar site, while much of it has also been designated as a nationally important Site of Special Scientific Interest.
1.21: “The Forth Integrated Management Strategy” was finalised by the Forth Estuary Forum in 1999. This strategy promotes the wise and sustainable use of the River Forth by seeking to encourage bodies to work together and consider the management of the Forth as a whole and bring users and regulators together to discuss and resolve issues at a local level. While Clackmannanshire accounts for only a small part of the Forth estuary, the Council nevertheless has key role to play in helping implement the strategy given the ecological and landscape value of the area.
1.22: The ecology of the coast and rivers is sensitive and, accordingly, the Council will where appropriate seek to protect these areas from development which may have an adverse impact. In order to achieve this, the Proposals Maps identify the “developed” and “undeveloped” areas of coast as defined in NPPG 13.
1.23: The classification of areas of the coast as developed does not bring a presumption in favour of development. Development not specifically requiring a coastal location will not normally be permitted on the coast. Development proposals that require a coastal location will be directed to those areas that are classified as developed. Preference will be given to the reuse of available and suitable brownfield land in these areas.

Policy EN5 - The Coast

The undeveloped coast will be protected from further development except where it can be proven that there are no viable alternative sites. Proposals for further development on the developed coast should ensure the protection and enhancement of the coastal resource, its amenity and habitat value. Development in any location that may damage the ecology of the coast will not normally be permitted. When considering proposals for development on the coast, the Council will be guided by the need to protect the Firth of Forth Site of Special Scientific Interest, the Special Protection Arean and Ramsar site and by the policies and actions relating to the Clackmannanshire LBAP.
The Council will support the provisions of the Forth Integrated Management Strategy and will take account of it in development control decisions.