AECOM AECOM House 179 Moss Lane Altrincham WA15 8FH United Kingdom www.aecom.com

+44 (0)161 927 8200 tel +44 (0)161 927 8499 fax

8th June 2017 North Ayrshire Council rossmiddleton@north-ayrshire.gov.uk Marine Scotland Licensing Operations Team ms.marinelicensing@gov.scot Our Ref: 60492536/L1/OT Dear Sir, THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (SCOTLAND) REGULATIONS 2017

THE MARINE WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (SCOTLAND) REGULATIONS 2017

REQUEST FOR SCREENING OPINION – FAIRLIE COASTAL PATH CONSTRUCTION PHASE 2 North Ayrshire Council propose to redevelop approximately 280 m of the existing Fairlie coastal pathway between National Grid Reference (NGR) NS 20860 55110 to NS 20900 55390. The works involve the construction of a pathway along the frontage which will replace an existing path which has eroded considerably and has completely disappeared in places.

It is believed that this project may fall under Annex II 10 (K) “Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works” of the Environmental Impact Assessment (EIA) Directive as it includes new sections of rock armour, and thus needs screening for EIA.

Repair works, new sea defences and construction activities will be required with various activities taking place both above and below Mean Low Water Spring Tides (MLWST). Therefore, this EIA Screening request is being submitted to both the Planning Department of North Ayrshire Council (NAC) and the Licencing Operations Team of Marine Scotland (MS-LOT).

Screening Opinion Request

In accordance with the requirements of EIA screening as set out in the EIA Regulations listed above, please find included:

1. A plan of the study area and location of the proposed development / regulated activity with key environmental designations (Figure 1);

2. A brief description of the nature and purpose of the proposed development / regulated activity (including size / scale);

3. A statement of the proposed working methods to be used in the course of the project and in carrying out the regulated activity, including an estimation of the duration of works; and

4. A brief description of the possible effects of the project and regulated activity on the environment, including any navigational issues envisaged.

In making this request for a screening opinion, we are mindful of the provisions of the criteria set out in Schedule 3 of the Marine Works EIA (Scotland) Regulations:

Characteristics of the project: The size, cumulative effects, use of natural resources, production of waste, pollution and nuisances, risk of accidents and the risks to human health.

Location of the project: The existing use, relative abundance, quality and regenerative capacity of natural resources in the area, and the absorption capacity of the natural environment e.g. sensitive sites such as Site of Special Scientific Interest (SSSIs), Special Area of Conservation (SACs), Special Protection Area (SPAs), and landscape of historical, cultural or archaeological significance.

Characteristics of the potential impact: The extent of geographical areas affected, size of population affected, the nature, magnitude, complexity, probability, duration, frequency, reversibility of the potential impact and the cumulation of impacts with impacts from other existing/approved works. As well as the possibility of effectively reducing identified impacts.

We have set out below the information, which we consider is of relevance to this matter, and which is intended to assist with the adoption of a Screening Opinion.

Site Description

The development site is located along the rocky intertidal foreshore of Fairlie between NS 20860 55110 to NS 20900 55390 along the route of an existing Ayrshire Coastal Path, a designated bridleway, adjacent to the Firth of Clyde (see Plate 1 below). The site is backed by residential properties and Bed & Breakfasts along Kelburn Terrace and Jetty Road. Please refer to Figure 1 which presents an Environmental Constraints Map for the study area which extends 1km.

Plate 1: Development Site Photos

Description of the Proposed Development

The works involve the construction of a pathway along the frontage which will replace an existing path that has eroded considerably and has completely disappeared in places. Various edge protection methods will be used (e.g. rock armour, stepped edge or no edge protection in places) depending on the level difference between the path crest and the beach level. The locations of the various types of edge protection can be seen in the scheme drawings (drawing series 60283360-PH2-C-000 to 60283360-PH2-C-102).

Method Statement

The works consist of constructing a concrete pathway along the foreshore; at this stage the duration of the construction works is not known. This will involve the excavation of approximately 38 m³ of rock from below Mean High Water Spring Tide (MHWST) level along the foreshore. There is potential to reuse this excavated material to fill in voids and depressions on the landward side of the path, however this will be decided by the site engineer depending on the condition and location of the material.

The amount of sand material to be removed will be determined once on site due to the changing nature of the foreshore levels. A ground level survey will be undertaken prior to the commencement of works. Excavation in this area will be undertaken by mechanical machinery such as excavators. Where specified, dowels will be fixed with cementitious grout into the bedrock and a reinforced concrete seawall will be cast on top of the bedrock. Where specified, the void on the landward side of the wall will be filled with Type 1 unbound mixture and a sub-base. A reinforced concrete slab will be cast on top of this and this slab will be connected to the seawall using dowels. Depending on the location, the seaward side of the wall can be fronted by a step or rock armour protection (60-300 kg rock). Please refer to scheme drawings (drawing series 60283360-PH2-C-000 to 60283360-PH2-C-102) for the extents of path edge protection.

Plant access, construction compound and storage locations are still to be confirmed by NAC and are subject to the agreement of all statutory stakeholders where applicable. It is envisaged that construction material would be brought to site by road. There is the potential to locate a storage compound at the car park just off the A78 to the south of the site or in the existing boat storage area adjacent to the Bay Street slipway. The site

can be accessed by plant via this slipway. Plant can track along the foreshore at low tide in order to undertake the works. There is also potential for plant to access the site from The Causeway, which is adjacent to Ferry Row. This will also be dependent on consultation with the relevant stakeholders.

The potential for adverse impacts predominantly relates to the construction phase only, where they will tend to be short term and temporary. Throughout construction it is proposed to implement environmental mitigation measures consistent with best practice as described in the following CIRIA guidance:

C744 Coastal and Marine Environmental Site Guide (second edition); C741 Environmental good practice on site guide (fourth edition); and C648 Guidance on Controlling water pollution from linear construction projects.

It will also be necessary for the scope of any mitigation to take into account the requirements of local planning policy. The full scope of mitigation measures would be determined through consultation with NAC and statutory consultees, although it is not considered that the proposed works are of a scale or nature that potential adverse effects could not be adequately mitigated.

In general the following core mitigation will be adopted:

All permissions and consents will be obtained and in place prior to the relevant construction activity; Controls on working hours and days of the week, to be agreed with NAC and in relation to mitigating any

potential adverse effects during construction such as noise, vibration, dust and vehicle emissions; Appropriate screening and security fencing will be erected around the areas of work to ensure security of

the site and to reduce visual effects of the works on nearby residence and visitors to Fairlie; Pre-construction ecological surveys will be carried out as required; The area affected by the construction works and the duration will be kept to a minimum. Working areas

will be restricted where necessary to comply with mitigation requirements (e.g. noise); Noise, dust and lighting controls will be implemented and rigorously enforced; Any plant used will be inspected each day before use to ensure it is clean and in good working order; No refuelling will take place on site other than in the Construction Compound in a designated area with a

contained drainage system; Emergency spill equipment will be available on site for immediate use and all plant, equipment and

stores will be removed from the foreshore after each shift; and An appropriate Construction Traffic Management Plan for access to the Construction Compound and site

will be prepared and agreed with the local highways authority.

Determining whether EIA is required

Under the Town and Country Planning (EIA) (Scotland) Regulations 2017 an EIA may be required if:

1) It is within one of the classes of development stated in Schedule 2 of the EIA Regulations;

AND

2) EITHER it exceeds the size thresholds for that class of development in Schedule 2 OR it is in a ‘sensitive area’ as defined by Regulation 2;

AND

3) It is likely to have significant effects on the environment.

The Town and Country Planning EIA Regulations do not attempt to define ‘significant effects’ as each development must be dealt with on its own merits. This test is essentially the same for EIA screening under the Marine Works EIA Regulations except that the proposed development must be an Schedule 2 project and a Regulated Activity as defined as anything that required approval under Part 4 of the Marine (Scotland) Act 2010 such as a Marine Licence (or variation of).

The proposed development is not a Schedule 1 project. It is our view that the proposed development falls within Schedule 2(10 (m)) (Infrastructure Projects: Coastal works to combat coastal erosions and maritime works capable of altering the coast through construction). All development falling into this category is considered to be an Annex II project. Therefore, as an Annex II project and a Regulated Activity the proposal should be screened for EIA under the Marine Works EIA Regulations.

The proposed development is also a Regulated Activity under Paragraph 21 (1) Items 1, 5, 6 and 7 of the Marine (Scotland) Act 2010:

Item 1. To deposit any substance or object within the Scottish marine area, either in the sea or on or under the sea bed, from (a) any vehicle, vessel, aircraft or marine structure;

Item 5. To construct, alter or improve any works within the Scottish marine area either (a) in or over the sea, or (b) on or under the sea bed;

Item 6. To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the Scottish marine area; and potentially,

Item 7. To carry out any form of dredging (from one part of the sea or sea bed to another part) within the Scottish marine area (whether or not involving the removal of any material from the sea or sea bed).

Therefore, it is necessary to determine whether the proposal is ‘likely to have significant effects’ on the environment by virtue of the nature of the proposal and the location of the application site. This is considered in the next section.

Potential Impact of the Works and Mitigation Measures

Only a portion of the proposed structure will be located below MHWST. The predominant area where this will occur is around the slipway in front of Ferry Row as the pathway has to fit around the existing structure and to the north of this where the existing path is severely eroded and requires replacement.

An initial desk study has been carried out in order to identify any areas of environmental conservation and protected areas. The site is not a designated conservation site and there are no protected species records located in the area. The site is located nearby to several designated ecological and historical sites which include the Southannon Sands SSSI (site code: 10261), Fairlie Castle Scheduled Monument and Kelburn Castle Garden and Designed Landscape and five listed buildings, the nearest of which are the Category C Listed Buildings of Fairlie Village The Causeway Rockhaven (reference LB7316) and Fairlie, 59 Main Road, Fairlie Lodge, Including Boundary Wall (reference LB51722)).

Following consultation with SNH, they were satisfied that the proposed works are unlikely to have an adverse effect on Southannon Sands SSSI.

In order to mitigate against any potential environmental impacts, the majority of the works will be constructed above MHWST level. Where this cannot be carried out, measures will be introduced during the construction works in order to mitigate any potential pollution by undertaking the works during low tide conditions. Where deemed appropriate by the site engineer, excavated material can be reused on site to fill in hollows on the landward side of the path. There may be some local, temporal disruption to birds particularly with noise and vibration associated with the construction works, however this will only be a temporary disturbance and through good practice techniques can be minimised.

There is the potential for nuisance effects from construction activities on site and within the construction compound and access for deliveries and workers will necessitate using tight local roads, which will require careful management. However, these effects can be effectively managed through standard working practices and mitigation measures to be defined as part of a future planning application.

Wherever possible, potential adverse impacts will be avoided through careful design, proactive consultation with statutory consultees, and by the application of good practice construction methods. Due to the nature of the works it may not be possible to avoid all potential construction effects, but where adverse impacts may occur, these will tend to be short term and temporary, and mitigation will be agreed to minimise and reduce wherever possible and practical to do so.

It is not known at this stage whether this reach of the Ayrshire Coastal Path PRoW will be temporarily closed or diverted during the works.

In the long term it is considered that there would be no permanent adverse effects as the project is reinstating an existing footpath and that the new sea defences proposed will themselves be absorbed into the marine environment and colonised by angiosperms, seaweeds and become habitat for crustaceans and other marine life.

In accordance with Paragraphs 33-34 of Circular 1/2017 we have completed the EIA Screening Checklist in Appendix A.

Overall, it is concluded that it is unlikely that this proposed development is of a nature or scale whereby significant adverse environmental effects would be expected and as such it is recommended that an EIA screening opinion is adopted confirming that an Environmental Statement is not required to support future planning and marine licence application.

Summary

In accordance with the contents of this letter and enclosures, we request that North Ayrshire Council and Marine Scotland’s Licencing Operation Team adopt a Screening Opinion under the relevant EIA Regulations.

We look forward to hearing from you within the statutory 28 day period from the date of this letter. Should you require any further information, please do not hesitate to contact me.

We would be grateful for your early attention to the matter. If you have any queries please do not hesitate to contact me.

Yours sincerely,

Owen Tucker Principal Environmental Scientist D +44 (0)161 927 8213 E owen.tucker@aecom.com

Figure 1 Environmental Constraints Map

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AECOM Internal Project No:

Drawing Title:

Drawing No:

60492536

ENVIRONMENTAL CONSTRAINTS

001

Scale at A3: 1:10,000

1

0 500 1,000 Metres

Rev:

Project Title:

Client:

LEGEND

FAIRLIE COASTAL PATH

AECOM House179 Moss LaneAltrincham, WA15 8FH, UKTel: +44-161-927-8200www.aecom.com

Copyright:

Contains OS data © Crown copyrightand database rights 2017. OrdnanceSurvey 0100031673.Contains SNH information licensed under the Open Government Licence v3.0.Contains Historic Environment Scotland information licensed underthe Open Government Licence v3.0.

Drawn:JB

Chk'd:OT

Date:App'd:NC 08/06/17

Work Extents# Listed Buildings

Sites of Special Scientific Interest(SSI)Scheduled MonumentGardens and DesignedLandscapes (GDL)Ancient Woodland Inventory(AWI)

±NORTH AYRSHIRE COUNCIL

Location

Northern extent of works

Southern extent of works

Appendix A EIA Screening Checklist

CHARACTERISTICS OF THE DEVELOPMENT Yes/no & briefly describe

(a) Size of the development

Will the development be out of scale with the existing environment? No, it is a repair and improvement of an existing PRoW.

Will it lead to further consequential development or works (e.g. new roads, extraction of aggregate, provision of new water supply, generation or transmission of power, increased housing and sewage disposal)?

No.

(b) Cumulation with other development

Are there potential cumulative impacts with other existing development or development not yet begun but for which planning permission exists? No.

Should the application for this development be regarded as an integral part of a more substantial project? If so, can related developments which are subject to separate applications proceed independently?

No.

(c) Use of natural resources

Will construction or operation of the development use natural resources such as land, water, materials or energy, especially any resources which are non-renewable or in short supply? • land (especially undeveloped or agricultural land)? • water? • minerals? • aggregates? • forests and timber? • energy including electricity and fuels? • any other resources?

The development will use standard construction materials and rock for new sea defences, but none that is non-renewable or in short supply.

(d) Production of waste

Will the development produce wastes during construction or operation or decommissioning? • spoil, overburden or mine wastes? • municipal waste (household and/or commercial)? • hazardous or toxic wastes (including radioactive)? • other industrial process wastes? • surplus product? • sewage sludge or other sludges from effluent treatment? • construction or demolition wastes? • redundant machinery or equipment? • contaminated soils or other material? • agricultural wastes? • any other solid wastes? • liquid or solid wastes in suspension?

A small amount of construction waste is expected during the works. No waste will be generated in the long term.

(e) Pollution and nuisances

Will the development release pollutants or any hazardous, toxic or noxious substances to air? Emissions from:- • combustion of fossil fuels from stationary or mobile sources? • production processes? • materials handling including storage or transport? • construction activities including plant & equipment? • dust or odours from handling of materials including construction materials,

sewage & waste? • incineration of waste? • burning of waste in open air (e.g. slash material, construction debris)? • any other sources

There will be some minor release of dust and vehicle emissions during construction but nothing significant. The risk of water pollution during construction will be managed by the application of standard mitigation measures.

(e) Pollution and nuisances continued

Is there a potential risk from:- • leachates? • Escape of wastes or other products/by-products that may constitute a

contaminant in the environment?

No.

Will the development cause noise and vibration or release of light, heat energy or electromagnetic radiation? • from operation of equipment e.g. engines, ventilation plant, crushers? • from industrial or similar processes? • from blasting or piling? • from construction or operational traffic? • from lighting or cooling systems? • from sources of electromagnetic radiation (effects on nearby sensitive

equipment as well as people)? • from any other sources?

There will be some minor noise and vibration effects during construction, but nothing significant or long term.