Forth Replacement Crossing - Report 1 - Assessment of Transport Network

5 ENVIRONMENTAL CONSTRAINTS

5.1 INTRODUCTION

The function of this section of the report is to highlight the environmental baseline in the vicinity of the Firth of Forth, concentrating on the formal environmental designations for the area. The study area selected stretches from the Kincardine Bridge in the west, eastwards as far as the River Almond. This study area was selected because it was considered that it covered all of the feasible fixed crossing locations. Various levels and types of environmental designations exist, ranging from those of International and European through National and local importance, covering sites of ecological, landscape or archaeological/cultural heritage importance. These are discussed in turn below. In addition, a number of other areas designated for other reasons, e.g. proposed developments, etc. are highlighted below. All of the designated areas discussed below are shown in Figure 5.1 Environmental Baseline.

5.2 ECOLOGY AND NATURE CONSERVATION

The Firth of Forth supports a wealth of important wildlife which lives alongside large centres of population, the petrochemical and other industries, such as at Grangemouth, and Rosyth Naval Base. Direct impacts through history, such as land take and disturbance, and indirect impacts, such as pollution, have lead to great pressure on the natural resources of the Firth, which are now controlled under various conventions and legislation.

The Firth of Forth supports habitats and species which are designated at a national and international level in recognition of their contribution to the UK and European biodiversity resource. The highest level of protection is afforded to the Natura 2000 sites, which are legislated by the Conservation (Natural Habitats &c.) Regulations 1994, and comprise Special Protected Areas (SPAs), Special Areas for Conservation (SACs) and Ramsar sites¹⁰. The latter are designated under the Ramsar Convention as opposed to the Habitats Directive, under which SACs and SPAs are designated. Ramsar sites have been adopted as part of the Natura 2000 network by the UK government. The Firth of Forth supports sites belonging to all these types of Natura 2000 sites.

At a national level, areas are protected by being designated as Sites of Special Scientific Interest (SSSIs) under the Wildlife and Countryside Act (1981) as amended by the Nature Conservation (Scotland) Act 2004. Other areas are protected by the local planning system, such as Local Nature Reserves, Ancient Woodland, and areas of local nature conservation importance. The Firth of Forth also has several nature reserves owned/managed by non governmental organisations.

Figure 5.1: (Map 1 of 2) Environmental Baseline - Nationally Protected Areas

Figure 5.1: (Map 2 of 2) Environmental Baseline – Locally Protected Areas

In addition to the site designations described and illustrated on Figure 5.1, there are species of international and national importance. Of international importance are the European Protected Species (EPS) legislated for by the Conservation (Natural Habitats &c.) regulations 1994. At a national level, there are species protected under the Wildlife and Countryside Act 1981 (as amended).

5.3 INTERNATIONAL PROTECTION OF SITES

There are three Natura 2000 sites that are situated in the Firth of Forth, or have connectivity with the Firth of Forth:

5.3.1 Firth of Forth SPA

This 6,313 hectare estuarine SPA supports intertidal mud flats, rocky outcrops, sand and shingle flats, saltmarsh and sand dunes. This SPA is also designated as a Ramsar site. The site supports 27 species of Annex I birds in winter and qualifies under Article 4.1 (for Annex 1 species requiring special measures) and Article 4.2 (for regularly occurring migratory species) of the Birds Directive (79/409/EEC) as shown in Table 5.1:

Table 5.1 Firth of Forth SPA – Annex 1 Species

The area also qualifies under Article 4.2 of the Directive by regularly supporting 95,000 (at least 20,000 to qualify) seabirds in the breeding season.

5.3.2 Forth Islands SPA

This SPA comprises islands in the inner Firth (Inchmickery, Fidra, Lamb, Craigleith, Cow and Calves) and the outer Firth (Bass Rock, Isle of May). The inner isles are relatively low lying while the outer isles are considerably higher and rocky. Some of these islands are famous for their seabird colonies, particularly the breeding gannet colony at Bass Rock and the seabirds of the Isle of May. The species supported are shown in Table 5.2.

Table 5.2 Forth Islands SPA Qualifying Features

This site also qualifies under Article 4.2 of the Birds Directive by supporting populations of European importance of the following migratory species:

During the breeding season:

• Gannet Morus bassanus, 34,400 pairs representing at least 13.1 per cent of the breeding North Atlantic population (Count, as at 1994);
• Lesser Black-backed Gull Larus fuscus, 2,920 pairs representing at least 2.4 per cent of the breeding Western Europe/Mediterranean/Western Africa population (Count, as at 1994);
• Puffin Fratercula arctica, 21,000 pairs representing at least 2.3 per cent of the breeding population (Count, as at 1992); and
• Shag Phalacrocorax aristotelis, 2,887 pairs representing at least 2.3 per cent of the breeding Northern Europe population (Count as at 1987).

The area also qualifies under Article 4.2 of the Birds Directive by regularly supporting 90,000 (at least 20,000 to qualify) seabirds in the breeding season.

5.3.3 River Teith SAC

This 1,312 hectare site comprising the river and riparian habitats lies to the north west of Stirling and is designated for its populations of sea lamprey (Petromyzon marinus), brook lamprey (Lampetra planeri)and river lamprey (Lampetra fluviatilis). Atlantic salmon (Salmo salar) are also present as a qualifying feature, but are not a primary reason for its designation. It is this latter migratory species that links this site with the Forth which it relies on as its migration route to the North Sea.

5.4 INTERNATIONAL PROTECTION OF SPECIES

Four of the thirteen animal species (species groups) of European Protected Species (EPS) are associated with the Firth of Forth:

• otter, ubiquitous in the Forth catchment;
• bats, roosts and foraging habitat associated with rivers and riverside structures;
• cetaceans, regularly reported in the Firth of Forth; and
• great crested newts, recorded in the Forth catchment.

The EPS designation ensures protection of the long term status of these species by requiring any disruption to them to be covered by a stringent licensing procedure that is administered by the Scottish Executive Environment and Rural Affairs Department (SEERAD).

5.5 NATIONAL PROTECTION OF SITES

The Wildlife and Countryside act (1981) as amended by the Nature Conservation (Scotland) Act 2004 affords rigorous protection to SSSIs. Many SSSIs are found along the Firth of Forth, illustrated in Figure 5.1. Some of these, such as St Margaret’s Marsh adjacent to North Queensferry, are protected by this status alone, whereas many sites have additional protection as a Natura 2000 site.

5.6 NATIONAL PROTECTION OF SPECIES

Otter, bat, cetaceans and great crested newts are protected under Schedule 5 of the Wildlife and Countryside Act (1981) as amended, in additional to their EPS status. However there are many species protected under schedule 5 (animals), schedule 1 (birds) and schedule 8 (plants). Examples of these that occur along the Firth of Forth include divers, kingfisher, barn owl, roseate tern, water vole and red squirrel (north of Forth).

5.7 OTHER ECOLOGICAL DESIGNATIONS

5.7.1 Ancient Woodland

Ancient Woodland is not a statutory designation, although the importance of some ancient woodlands are recognised by designated status. Ancient woodland is defined as land that has been continuously wooded since AD1750. An inventory was produced by the Nature Conservancy Council which lists all areas of woodlands over two hectares that are ancient. These areas were identified by looking at historical maps. Areas of ancient woodland that have never been cleared or replanted are known as semi-natural ancient woodland (SNAW). The irreplaceable nature of these woodlands is recognised in most local plans, the UK Biodiversity Action Plan (BAP) and most local BAPs. In the Firth of Forth area, the distribution of ancient woodland is strongly linked to river valleys and includes various stretches of woodland around Hopetoun House and at Limekilns to the west of Rosyth. Areas of Ancient Woodland are shown on Figure 5.1 Environmental Baseline.

5.7.2 Local Nature Reserves

Local Nature Reserve (LNR) is a statutory designation made under Section 21 of the National Parks and Access to the Countryside Act 1949 by principal local authorities. They are designated not only for their local conservation importance, but also as an outdoor recreational resource for the local population. They are protected in the local planning system.

In the Firth of Forth area Torry Bay LNR is part of a larger area of inter-tidal mud flats between Longannet Point and Crombie Point. The Torry Bay LNR encompasses areas of tidal mudflats and is administered by Fife Council.

5.7.3 Nature Reserves Owned/Managed by Non Governmental Organisations (NGO)

The RSPB have a bird reserve at Skinflats, while the Scottish Wildlife Trust have Bo’mains Meadow at Bo’ness, Pepperwood at Kirkliston and Colingnose Point near north Queensferry. The Woodland Trust own Inzievar Woods at Oakley.

Some of the areas within these reserves have one or more statutory designation in addition to the protection afforded by administration of the NGO.

5.7.4 Country Parks

These are areas of land usually owned and/or managed by the local authority for countryside recreation, and include Beecraigs Country Park located approximately

1.5 kilometres to the south of Linlithgow. They are supported by a ranger service and hold events. They are established by Local Authorities under Section 48 of the Countryside (Scotland) Act 1967.

5.7.5 Biodiversity Species and Habitats

There is now a duty for all statutory bodies to maintain biodiversity, as stated in the Nature Conservation (Scotland) Act 2004. Many habitats and species in the Firth of Forth are listed in strategies that reflect their importance and vulnerability at different levels:

• priority species and habitats listed in the UK Biodiversity Action Plan;
• species and habitats listed in local Biodiversity Action Plans (normally at a regional level);
• species listed on the Scottish Biodiversity List; and
• bird species classed as ‘red’ on the RSPB’s list of Species of Conservation Concern (UK level).

5.8 LANDSCAPE

This section considers the landscape character and value of the area within and around the Firth of Forth. The level of protection afforded to sites of landscape value and importance varies according to their designation, with the most protected being National Scenic Areas of which, it should be noted, there are none within the study area.

The sites afforded the greatest level of protection within the area of interest are those included on the Inventory of Gardens and Designed Landscapes, however, in the main, landscape designations within the study area are non-statutory. These comprise Areas of Great Landscape Value (AGLVs) within Falkirk, Fife and West Lothian, Areas of Outstanding Landscape Quality (AOLQs) within Edinburgh, and greenbelt within Edinburgh and Falkirk. These designations are on a local basis and have emerged as a result of the respective local plans.

5.8.1 Nationally Protected Sites

Inventory of Gardens and Designed Landscapes

Within the study area there are a number of sites included on the Inventory of Gardens and Designed Landscapes (GDLs). Sites on the Inventory are designated by Historic Scotland, but are not afforded the same level of protection as Listed Buildings or Scheduled Ancient Monuments. Instead sites are protected under the Town and Country Planning General Development Procedures (Scotland) Order 1992 and circular 6/1992, which puts an obligation on planning authorities to consult with SNH and Historic Scotland on any developments within listed sites. It should be noted that the Inventory is a growing record of sites, and new gardens and landscapes may be added regularly. The reasons for a site qualifying as a GDL may include it being an important cultural or historic resource, an important part of the scenery of Scotland, a wildlife resource or an example of unique artistic talent in garden and landscape design.

The GDLs located on or close to the fringes of the Firth of Forth are outlined below:

• Tulliallan;
• Dunimarle Castle;
• Culross Abbey House;
• Valleyfield;
• Fordell Castle;
• Donibristle;
• St Colme house;
• Aberdour Castle and House;
• House of Binns;
• Hopetoun House;
• Dundas Castle; and
• Dalmeny.

5.8.2 Locally Protected Sites

Areas of Great Landscape Value / Areas of Outstanding Landscape Quality

AGLVs and AOLQs may be designated by planning authorities for the purpose of safeguarding locally important areas of outstanding scenic character or quality from inappropriate development. The difference in name reflects the inconsistent approaches local authorities in Scotland have adopted with regards to sub-national landscape designation. In essence AGLVs and AOLQs are the same sub-national level of designation and as such are afforded the same level of protection through local plans and policies.

There are three AGLVs within the study area that are located on the fringes of the Firth of Forth. These are Hopetoun AGLV to the west of South Queensferry, the Broomhall/Belleknowes AGLV to the southwest of Dunfermline, and the Culalloe Hills/The Binn AGLV extending north east from Dalgety Bay. Within a wider context there are further AGLVs at Slamannan, Riccarton Hills and the Cleish Hills.

Within the study area there are two AOLQs within close proximity to the Firth of Forth, Dalmeny to the east of the Forth Rail Bridge and on the southern fringe of the Forth, and Dundas Castle on the A8000 en route to the existing crossing. Within the wider area there are further AOLQs at Carmelhill, Newliston and Turnhouse.

5.8.3 Green Belt

Green belt is a planning designation that is included with the various Local Plans for the area. The intended function of the green belt is to limit and control urban sprawl and to enhance the setting and amenity of towns or cities in the long-term. However, such areas of green belt are under considerable pressure as economic growth demands more land to be released for housing and out of town office and business park developments. Within the area of interest there are areas currently designated as green belt within Falkirk and Edinburgh Council districts. In Falkirk, areas located to the south of Bo’ness and Grangemouth, and between Kincardine Bridge and the River Carron are designated as green belt. In Edinburgh green belt stretches from the Forth in the north and extends southwards beyond Edinburgh airport, east to Dalmeny and Cramond and west as far as Dundas Mains.

5.8.4 Landscape Character Assessment

Scottish Natural Heritage, in conjunction with partner Councils, has undertaken a detailed review and classification of various landscape areas and types across Scotland. Within the Firth of Forth there are four individual Character Assessments. These cover Edinburgh, Falkirk and West Lothian on the south of the Firth and Fife on the north side. To the south of the Firth land is principally characterised as coastal margins while on the northern side land character is a mixture of coastal braes, coastal flats, coastal hills and urban areas.

5.9 GEOLOGY

Geology will be dealt with in detail in Report 3: Option Generation and Sifting.

5.10 ARCHAEOLOGY AND CULTURAL HERITAGE

Archaeology is the study of the past through the material remains of human activities left behind, be they visible monuments, buried sites or portable antiquities. Cultural heritage is a more encompassing concept embracing historic buildings, townscapes and landscapes, which combine to characterise the historic environment. Heritage resources potentially include features dating from the earliest Holocene human occupation, approximately 10,000 years ago, through to 21st century buildings and townscapes.

5.10.1 Scheduled Ancient Monuments

A Scheduled Ancient Monument (SAM) is a protected archaeological site or historic building considered to be of national importance, and is the highest level of cultural heritage designation present within the study area.

In Scotland, Scheduled Ancient Monuments are defined in the Ancient Monuments and Archaeological Areas Act 1979, and are the responsibility of Historic Scotland. The table lists the main SAMs shown on Figure 5.1 which are close to Firth of Forth. These include prehistoric sites such as various hill forts and enclosures to more recent structures such as the defensive installations on the island of Inch Garvie in the Firth itself.

Table 5.3 :Scheduled Ancient Monuments

5.10.2 Listed Buildings

Historic Buildings are an important part of Scotland’s heritage, providing a link to the history and culture of the country. Certain historic buildings, which are of special architectural or historic interest, can be designated as Listed Buildings and receive special treatment under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Listed buildings in Scotland are defined by Historic Scotland in three categories: A, B and C(S) according to merit and provisions for alteration or removal of such buildings are included in the act.

Within the study area as defined on Figure 5.1 there are numerous listed buildings most of which are with urban centres in addition to many buildings spread throughout the countryside. There are too many to list here but these are shown on the figure.

5.10.3 Conservation Areas / Heritage Conservation

Provision for Conservation Areas is also defined by the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Conservation areas are shown on Council Local Plans and within the study area include much of Linlithgow and South Queensferry as well as parts of Edinburgh.

5.11 COUNTRYSIDE POLICY AREAS

The study area also includes a Countryside Policy Area which extends from South Queensferry southwards covering the area between Winchburgh and Kirkliston. Within the Countryside policy area the objective of the plan is to protect countryside from development and maintain its rural character. This places a general presumption against any development that is not related to agriculture and outdoor recreation.

5.12 CONCLUSIONS

This chapter of the report summarises in general terms the potential environmental constraints present within the study area that will influence the choice and location of replacement crossing. Our preliminary baseline study has found a wide variety of designations, some of which pose more of a constraint to the proposed crossing than others. In the Firth of Forth the Natura 2000 sites comprising the Firth of Forth SPA (which is also a Ramsar site), the Forth Islands SPA and the River Teith SAC represent the highest level of designation, being international designations, and these will strongly influence any replacement crossing. Other designations such as Scheduled Ancient Monuments and Ancient Woodland that are of a national or local significance will also strongly influence any crossing options.

Such environmental constraints do not necessarily mean that construction of a replacement crossing is not possible. However, if any replacement crossing does ultimately pass through one or more of these areas it will be necessary to undertake sufficient research, assessment and development of mitigation measures, in consultation with statutory bodies and other interested parties in order to convince them that the proposed scheme does not impact significantly on the important environmental resources within and surrounding the Firth of Forth.