The Scottish Government

Convention on Wetlands of International Importance 1971 (amended 1982/87)

Otherwise known as the Ramsar Convention, this emphasises the special value of wetland, particularly as a key habitat for waterfowl. The Convention resulted in designation of sites for management and conservation.

Policies on natural heritage seek to ensure that planning plays a role in protecting designated sites and the species they support, and in protecting and enhancing wider biodiversity assets and networks.

This SEA has assessed the effects of proposed changes to the SPP in relation to biodiversity objectives.

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Bern Convention on the Conservation of European Wildlife and Natural Habitats (1979)

Aimed to promote co-operation between European states to protect biodiversity.

UN Convention on Biological Diversity (1992)

Article 6 requires that all parties to the Convention develop national biodiversity strategies plans or programmes, and that they seek to integrate the provisions of these across other policy sectors. Article 7 requires the identification of key resources, and their protection. Monitoring of potentially damaging process and activities should also be undertaken. .

Council Directive 92/43/ EEC the conservation of natural habitats and of wild fauna and flora

Established a commitment to designating networks of sites of ecological importance across Europe. These are known as Natura 2000 sites and include special protection areas ( SPAs designated under the Birds Directive - see below) and special areas of conservation ( SACs)

Council Directive 79/409/ EEC on the conservation of wild birds

Protects all wild birds (together with their nests and eggs) and their associated habitats. Commitment to designation of SPAs (see previous).

The Pan-European Biological and Landscape Diversity Strategy (1995)

The Strategy aims to reverse the decline of landscape and biological diversity, by promoting innovation and proactive policy making. It supports preceding measures for protecting natural heritage, and aims to supplement this by further promoting a number of action themes relating to different environmental resources. Emphasises the rapid decline of some key characteristics and resources, including traditional man made landscapes, coastal zones, marine areas, wetlands, for forests, mountains and grassland.

EU Biodiversity Strategy (1998)

Aims to "anticipate, prevent and attack" any reduction or loss of species and habitats across Europe. Supports implementation of the Habitats and Birds Directives, supports the establishment of networks of protected sites, aims to achieve conservation by making plans for priority resources. Also notes the importance of biodiversity outside of protected areas. Makes specific references to agriculture and its role in relation to biodiversity conservation.

Nature Conservation (Scotland ) Act 2004

Introduced a 'duty to further the conservation of biodiversity' for all pubic bodies, and sets out more specific provisions within this including for SSSIs. Also states a requirement for the preparation of a Scottish Biodiversity Strategy, to which all public bodies should pay regard.

Wildlife and Countryside Act 1981

Provides the framework for protection of species other than European Protected Species

The Conservation (Natural Habitats, &c) Regulations 1994

Transposes the requirements for protection of designated sites under the Habitats and Birds Directives, and the framework for protection of European Protected Species

Scotland's Biodiversity - It's In Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland (2004)

Sets out Scottish aims relating to biodiversity over 25 year period. Seeks to go beyond a previous emphasis on protecting individual sites to achieve conservation at a broader scale. Aims to halt loss and reverse decline of key species, to raise awareness of biodiversity value at a landscape or ecosystem scale, and to promote knowledge, understanding and involvement amongst people.

Countryside (Scotland) Act 1967 and Countryside Act 1968 (as amended)

Set the overall framework for protection of natural beauty and amenity by imposing on every public body a duty to have regard to the desirability of conserving the natural heritage of Scotland in the exercise of their functions relating to land. Defines how country and regional parks can be identified. Also includes provisions for long distance routes, paths and rangers. The latter defined the role of the Nature Conservancy Council for Scotland and was later amended to reflect the creation of SNH.

Government Economic Strategy (2007)

Sets the agenda, include the central purpose of achieving sustainable economic growth. Includes priorities relating to health and wellbeing, including the objective to reduce health inequalities, with greater targeting of resources on services and environment that support disadvantaged people and communities. Also includes aims of delivering more affordable, well designed and energy efficient households and linking this with infrastructure enhancement.

The SPP has a role to play in delivering these broader social and economic priorities including higher rates of physical activity and access to the outdoors.

The SEA has explored the way in which links between social disadvantage and poor quality environments are tackled, directly or indirectly, through proposed changes to the SPP.

Land Reform (Scotland) Act 2003

Set out a new right of responsible access in Scotland, and made provisions for community right to buy. Core paths to be identified in each local authority area and identified in an adopted plan, promoting more widespread functional and recreational walking, cycling and riding and thereby supporting improved levels of physical activity.

Scottish Executive (2003) Improving Health in Scotland - The Challenge

Overarching strategy for health that covers physical, social and mental health. Raises awareness of health as a cross sectoral issue, and notes the need to address key risk factors. Also raises issue of health inequalities in Scotland, and states that Community Planning Partnerships are an important mechanism for overcoming this at the local level, including by helping to improve physical and social environments.

Physical Activity Task Force (2003) Let's Make Scotland More Active

Aims to ensure that the Scottish population becomes more active, setting the target of all adults accumulating at least 30 minutes of moderate activity on most days of the week, and an hour for children. By achieving improved rates of activity, levels of chronic heart disease, high blood pressure, diabetes, obesity and colon cancer could be reduced.

EU Thematic Strategy for Soil Protection (2005)

Notes that soil has important functions but that degradation of its quality is accelerating, partly due to wind and water erosion and also as a result of depletion of organic matter content. Sets out commitments to improving quality as a result, including development of a New Directive.

The planning system, and therefore the SPP has a role to play in ensuring that development and land use change do not adversely impact on soil resources as far as possible.

The SEA has assessed the potential effects of changes to the SPP on soil.

Scottish Soil Framework (Consultation Proposals)

The overall aim is to promote the sustainable management and protection of soils, in balance with the economic, social and environmental needs of Scotland. Subject to consultation, possible objectives include:

• Improve understanding and awareness of soils;
• Integrate soil protection into existing and emerging policies;
• Improve availability of soil data,;
• Highlight knowledge gaps and research needs.

Water Framework Directive 2000/60/ EC

This provides an overarching strategy, including a requirement for EU Member States to ensure that they achieve 'good ecological status' by 2015. River Basin Management Plans were defined as the key means of achieving this.

The planning system has a role to play in helping to achieve the aims of the Water Framework Directive. This could include support for the development and delivery of RBMPs and policies relating to water quality and flooding.

The SPP includes policies that directly and indirectly support protection and enhancement of the water environment, linking this with land use planning.

The SEA has assessed the effects of the changes to the SPP on the water environment and flooding.

Water Environment and Water Services (Scotland) Act 2003 ( WEWS Act)

Transposes the Directive into the Scottish context. Aims to protect the water environment by ensuring a reliable and high quality supply of water, reducing groundwater pollution significantly, and protecting marine and other waters.

SEPA (2008) Draft River Basin Management Plans Scotland River Basin District / Solway Tweed River Basin District,

Notes the key pressures and their environmental impacts on Scottish water bodies. Key issues include diffuse and point source pollution, abstractions, modification to physical habitats and invasive species. Some of these issues may be exacerbated by climate change. Plans to be reviewed further as the assessment progresses.

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Sets out the process by which activities that have the potential to affect Scotland's water environment are regulated. Authorisation under the CAR is required for discharging to waters, disposal of pollutants to land, abstractions, impoundments and engineering works affecting water bodies.

Scottish Executive Environment Group (2002) Scotland's Bathing Waters A Strategy for Improvement

Aims to reduce water pollution in order to specifically improve bathing water catchments. Measures include changes to agricultural practices to address diffuse pollution, ensuring compliance with controls of industrial discharges, and making more use of Sustainable Urban Drainage Systems ( SUDS).

Flood Risk Management (Scotland) Bill 2008

Includes new measures for sustainable flood risk management. This includes co-ordination and co-operation between relevant organisations, development of flood risk assessment and planning and tools for delivery and enforcement.

Sustainable Seas for All: a consultation on Scotland's first Marine Bill

Sets out proposals for change in the way Scotland's seas are managed. Proposes new approaches to marine planning that allow for sustainable growth in marine areas. Also aims to streamline licensing and enforcement, whilst also protecting marine biodiversity. A new structure is proposed to champion Scotland's seas.

The potential for secondary effects on the marine environment has been considered as part of the SEA process. Links between marine spatial planning and land use plans are likely to become increasingly important as a result of the Bill.

1996/62/ EC Directive on ambient air quality assessment and management

Overarching Directive on air quality that seeks to provide a co-ordinated and consistent approach to air quality in order to avoid negative impacts on health and the environment. Aims to achieve improvements in air quality where it is poor and sets out a framework for monitoring.

The SPP has a role to play in ensuring the planning decisions do not directly or indirectly adversely affect air quality by increasing emissions particularly from traffic. Policies to promote sustainable energy and transport options within the SPP contribute positively to these wider objectives. The SEA has assessed the effects of changes to the SPP on air quality.

1999/30/ EC Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

Provides more specific guidance on the need to improve air quality and reduce emissions of specific types of gas.

EU Thematic Strategy on Air Pollution (2005)

Sets out interim objectives for improving air quality. Notes that existing legal instruments will be merged to form single Directive on Air Quality.

The Air Quality Strategy for England, Scotland, Wales and Northern Ireland. Working Together for Clean Air (2000)

Provides more specific UK targets for reducing air pollution and sets out local authority responsibilities for achieving most of these. Recommends incentives for domestic energy conservation, and evaluating the full fuel cycle environmental implications of renewable energy.

Kyoto Protocol (1997)

Sets out international agreement on targets and mechanisms for addressing climate change.

The SPP sets out a broad commitment to climate change mitigation and adaptation. Policies on renewable energy, waste management and sustainable transport seek to support these wider objectives.

The SEA has explored the effect of the proposed changes to the SPP on climatic factors. .

Changing Our Ways - Scotland's Climate Change Programme (2006)

Provides framework for Scottish climate change action in devolved areas. States that Scotland is contributing to UK targets of a 12.5% reduction in greenhouse gases by the period 2008-2012, and a reduction in C0 ₂ emissions of 20% by 2010 and 60% by 2050. Scottish contribution quantified as exceeding the Scottish Share of UK emission reductions from devolved policy measures by 1 million tonnes of carbon in 2010. The Scottish Government is participating in the UK's Climate Change Bill which aims to reduce CO ₂ emissions by at least 60% by 2050.

The Annual Review of the Programme in 2007 reported good progress towards delivery of the programme, including through work on energy, agriculture, transport, planning and building standards, forestry and rural development.

Climate Change (Scotland) Bill

The Climate Change (Scotland) Bill includes an emissions reduction target of 80% by 2050 and an interim target of 50% by 2030. Proposals include setting of targets for 2050 and interim periods, requirement for annual reporting, and provisions for meeting targets through additional policies and legislation. The targets include emissions from the aviation and shipping sectors.

Adapting Our Ways: Managing Scotland's Climate Risk: Consultation to inform Scotland's Climate Change Adaptation Framework

This recently published consultation document makes various reference to the need to assist natural resources with climate change adaptation, using examples such as the habitat networks that are proposed within the NPF.

UK Energy White Paper. Our energy future - creating a low carbon economy (2003)

Sets out the challenges for the energy sector in the UK, and defines how it should change over the coming years. Key priorities include reducing CO ₂ emissions from the sector by 60% by 2050 (and substantially by 2020), providing more reliable energy supplies, updating the energy supply network (including the grid) and creating more diversity, including by promoting more renewable energy generation and local level supplies.

Energy Efficiency and Microgeneration: achieving a Low Carbon Future: A Strategy for Scotland (2007) (Draft Strategy)

Policy sets out positive commitment to small scale, domestic level contributions to the broader agenda of a low carbon future. The Strategy notes that further work is required to establish how this can be achieved.

Biomass Action Plan for Scotland (2007)

Proposes a co-ordinated programme for the biomass sector - from small to large scale developments. Estimates that there is potential for 450MWe to be generated from biomass in Scotland. Identifies potential environmental impacts of biomass and makes recommendations on mitigation for a range of partners.

Scotland's National Transport Strategy (2006)

Key aims include improving journey times and connections to tackle congestion and improve integration, reducing transport sector emissions and protecting the environment, and improving quality, accessibility and affordability, particularly in relation to public transport as a viable alternative to the car.

The SPP includes policies that link transport and land use planning and seek to deliver these broader transport policy aims.

The SEA has explored the effects of changes to the SPP in relation to these wider policy objectives for transport.

A Forward Strategy for Scottish Agriculture: Next Steps (and associated retrospective SEA)

The strategy aims to strengthen links between food production, processing, marketing, rural development and sustainable environmental management. It seeks to improve competitiveness, achieve sustainable development and promote high environmental standards. Actions are structured around 4 strategic priorities: food production and marketing, rural development, environment and communications.

Rural policies within the SPP have a role to play in complementing broader processes of agricultural restructuring, rural and environmental stewardship.

The SEA has explored the effects of changes to the SPP in relation to these wider policy objectives for rural development.

Rural Development Programme for Scotland 2007-2013.

Sets out priorities for allocating EU funding for rural development over the coming years. Three key themes of underpinning performance and quality in the primary sectors, enhancing rural landscapes and natural heritage, and promoting a more diverse rural economy and thriving rural economies. Rural Development Plan also prioritises the amenity of villages, affordable housing, and distribution and storage networks to allow access to local markets.

The Scottish Forestry Strategy (2006) (and associated SEA)

Sets out a framework for nationally and privately owned forestry throughout Scotland. Key priorities include addressing climate change (a cross cutting theme), contributing to landscape quality, and protecting and enhancing biodiversity. The SFS notes potential for working positively with the planning system to achieve aims such as sustainable forestry management, renewable energy development and creation of new woodland frameworks.

Natural heritage policies within the draft SPP complement the suite of forestry sector plans that together aim to increase woodland coverage and deliver a range of benefits through sustainable planting and land management.

Consultation Paper on Potential Legislation Measures to Implement Zero Waste (2008)

Notes the Scottish Government's commitment to reducing waste and ensure that policy shifts from an emphasis on reducing pollution to focusing on the climate change agenda.

Policies within the SPP recognise the zero waste objective and aim support it through land use planning.

National Waste Plan (2003)

Sets out targets for sustainable waste management to 2020, including reducing the use of landfill sites by 66% whilst substantially increasing rates of composting and recycling within the same period. The plan is expected to be reviewed in the near future.

Scottish Historic Environment Policy ( SHEP) (2008)

Provides the overarching framework for historic environment policy in Scotland, consolidating and replacing the previously separate SHEPs. Aims to promote effective conservation and to enhance enjoyment and understanding of the historic environment, linking it with the Scottish Government's Central purpose. Recognises the importance of the historic environment as an economic resource and also states a Ministerial commitment to connecting the population with their cultural legacy.

The SPP includes policies that seek to ensure that planning protects and, where appropriate, enhances the historic environment.

The SEA has explored the effects of the changes to the SPP on cultural heritage including the historic environment.

Memorandum of Guidance on Listed Buildings and Conservation Areas, Historic Scotland (1998) (currently under review)

Sets out advice on the designation and protection of listed buildings, conservation areas, gardens and designed landscapes. Specifically defines the role of planning authorities, including in terms of development management and enforcement.

Council of Europe, European Landscape Convention 2000

States that landscapes across Europe make an important contribution to quality of life and cultural identity, but that they are being transformed as a result of a number of factors, including town planning, transport and infrastructure and the economy. Requires Member States to develop more comprehensive frameworks to protect and enhance landscapes.

The SPP seeks to promote an inclusive approach to landscape protection and enhancement that focuses on safeguarding designated areas but also extends to the wider environment.

The SEA has assessed the proposed changes to the SPP in relation to wider landscape policy objectives.

SNH Natural Heritage Futures (2002)

Provides baseline information for the assessment, and also draws attention to particularly important processes of change. Priorities for future landscape management include creating better settings for towns and cities, creating industrial landscapes that reflect local identify, careful siting and design of development along key rural transport routes, management of agricultural change, forestry restructuring to improve 'naturalness' and sensitive management of natural processes e.g. use of 'soft' engineering.

Scottish Landscape Forum Report to Ministers 'Scotland's Living Landscapes: Places for People

Set out the overall vision for landscapes and their management, emphasising the role of landscape as a service provider and the importance of taking forward the ELC.

Choosing Our Future - Scotland's Sustainable Development Strategy (2005)

Sits under the cross national shared framework for sustainable development to define Scottish priorities for sustainable development. Aims to mainstream sustainable development, measure progress more explicitly and strengthen accountability. Notes the need for urgent action in response to growing problems and pressures.

As recognised within the SPP, planning system and therefore the SPP has a role to play in delivering sustainable development.

Planning etc. (Scotland) Act 2006

Introduces reforms of the Scottish Planning System. Defines the role of the National Planning Framework, as part of the hierarchy of development plans in Scotland. Aims to strengthen community involvement, and to make development plans and development management more efficient. Sets the legislative framework for protection of National Scenic areas.

The SPP forms a key part of the broader proposals for planning reform that underpin planning legislation.

National Parks (Scotland) Act 2004

Sets out the four aims of National Parks in Scotland: conservation and enhancement of natural heritage, sustainable use of natural resources, promoting understanding and enjoyment, and the sustainable economic and social development of the area's communities. Provides framework for designating areas, organisational and funding structures, and requirements for the preparation of National Park plans.

Natural heritage policies within the SPP recognise the value of Scotland's two national parks and seek to assist with their protection.

Designing Places: A Policy Statement for Scotland, (2001)

Aims to promote high quality design within planning throughout Scotland. States that good design is an essential part of sustainable development, and aims to encourage collaboration and training amongst development professionals in order to deliver higher quality standards.

The SPP includes policies that promote high quality design as a priority.