PLANNING RE-CONSULTATION - Incorporating revisions to previous consultation

To:       	Ecology Officer

From:          Development Management	         Date:   19th November 2019

Contact: 	Ranald Dods       Ext. 8574		

Application Ref:  19/00182/PPP
 
PLANNING RECONSULTATION

Your observations are requested on the under noted planning application. I shall be glad to have your reply not later than 3rd December 2019.  If no reply is received by 3rd December 2019, it will be assumed that you have no observations and a decision may be taken on the application.  

Please remember to e-mail the DCConsultees Mailbox when you have inserted your reply into Idox.

Name of Applicant: 	Granton Homes Ltd
Agent: 	APT Planning & Development Ltd
Nature of Proposal: 	Erection of residential apartments (renewal of previous consent 15/00822/PPP)
Site: 	Site In Grounds Of Kingsmeadows House Kingsmeadows Road Peebles Scottish Borders   
Outline Consent :	  	
________________________________________________________________________

RE-CONSULTATION RESPONSE TO
PLANNING OR RELATED APPLICATION
Comments provided by	Officer Name and Post:	Contact e-mail/number:	
	Dr Andy Tharme
Ecology Officer
	atharme@scotborders.gov.uk
T:01835-826514	
Date of reply	06 December 2019	Consultee reference:	
Planning Application Reference	19/00182/PPP	Case Officer:
Ranald Dods     	
Applicant	Granton Homes Ltd		
Agent	APT Planning & Development Ltd	
Proposed Development	Erection of residential apartments (renewal of previous consent 15/00822/PPP)	
Site Location	Site In Grounds Of Kingsmeadows House Kingsmeadows Road Peebles Scottish Borders   
	
The following observations represent the comments of the consultee on the submitted application as they relate to the area of expertise of that consultee. A decision on the application can only be made after consideration of all relevant information, consultations and material considerations.	
Background and 
Site description		
Key Issues
(Bullet points)	•	Potential impacts on a Natura site (River Tweed SAC) and Protected Species including European Protected Species (bats and otter)	
Assessment	Relevant Local Development Plan (LDP) policies are EP1 International Nature Conservation Sites and Protected Species and EP2 National Nature Conservation and Protected Species and EP3 Local Biodiversity.

I am satisfied with the submitted further environmental information (Bat survey, ITP Energised,September 2019 and  Ecology Baseline Report ITP Energised November 2019).

Designated sites
The site is immediately adjacent to the River Tweed SAC/SSSI. It is said that works will not be carried out within 30m of the designated site., although plans suggest that this is more like 15m.  It should, however, enable there to be a 10m no development strip.  A Construction Environmental Management Plan will be required. 

Protected Species
Bats

6 non-breeding roost of pipistrelle species (soprano pipistrelle, common pipistrelle and pipistrelle sp.bats) were recorded in the Kingsmeadow hotel building and one roost within the shed building. A maximum of 5 bats was recorded in any one roost.

20 trees were assessed for bat roost features, 9 were considered to have negligible potential, 5 of low potential, 4 of moderate potential and 2 of high potential.  None of the trees surveyed appeared to be those that may be felled as a result of the development. Tree numbered as 12, 16, 25 and 26 were adjacent to development areas. Tree number 28 was of high suitability, activity surveys did not record any bat roosts in this tree. Any felling of this tree would be required to be carried out under a supervision of a licenced bat worker, avoiding hibernation period (December-February). Trees of moderate suitability will be required to be checked prior to commencement of development.

The report recommends that if works are proposed within 30m of roosts, a EPS licence may be required from SNH and a Species Protection Plan will be required. It is likely that works will be carried out within 30m of bat roosts. Works may be able to be carried out under a Bat Low Impact Licence (BLIMP) as appropriate.

A sensitive lighting scheme will be required to safeguard bat roosts and foraging and commuting habitat.

Other protected Species
No signs of otter resting places was recorded, otters are likely to be active foraging and commuting in the adjacent river.

A potential badger sett was recorded although activity was not confirmed.  Habitats that may support breeding birds may be affected by the development.

Mitigation will be required to protect bats, otter, badger and breeding birds.

Recommendation	 Object	 Do not object	 Do not object, subject to conditions	 Further information required	
Recommended
Conditions	•	Prior to commencement of development a Construction Environmental Management Plan (CEMP) incorporating the latest good practice guidelines and statutory advice (as outlined in to protect the River Tweed SAC/SSSI shall be submitted to and approved in writing in writing by the Planning Authority. Any works shall thereafter be carried out strictly in accordance with the approved in writing scheme

Reason: To protect the ecological interest in accordance with Local Development Plan policies EP1, EP2 and EP3.

•	Prior to the commencement of development, the developer shall provide to the Planning Authority:

a copy of the relevant European Protected Species licence,(or Bat Low Impact Licence confirmation, as appropriate)  or, 

a copy of a statement in writing from Scottish Natural Heritage (licensing authority) stating that such a licence is not necessary for the specified development

Reason: To protect the ecological interest in accordance with Local Development Plan policies EP1 and EP3. 

•	Prior to commencement of development, a Species Protection Plan for bats, otter, badger and breeding birds shall be submitted to and approved in writing by the Planning Authority. The SPP shall incorporate provision for a pre-development supplementary survey and a mitigation plan. No development shall be undertaken except in accordance with the approved in writing SPP. 

Reason: To protect the ecological interest in accordance with Local Development Plan policies EP1, EP2 and EP3.

•	Prior to the commencement of development, the developer shall submit for approval in writing by the Planning Authority a Landscape and Habitat Management Plan. Thereafter, no development shall take place except in strict accordance with the approved plan.

Reason: To protect the ecological interest in accordance with Local Development Plan policy EP3.

•	Prior to the commencement of development, the developer shall submit for approval in writing by the Planning Authority a conservation lighting scheme for bats, in accordance with good practice . Thereafter, no development shall take place except in strict accordance with the approved plan.

Reason: To protect the ecological interest in accordance with Local Development Plan policy EP1 and EP3.

	
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