Agricultural reform: environmental report - strategic environmental assessment

Appendix B Consultation comments received in relation to the SEA Scoping Report

B.1 To meet the requirements of the 2005 Act, the views of the three statutory consultees were sought in relation to the scope and level of detail to be included in this Environmental Report:

• The Scottish Environmental Protection Agency (SEPA);
• NatureScot; and
• Historic Environment Scotland.

B.2 The SEA Scoping Report (July 2025) was published for a five-week consultation period between July 2025 and August 2025. A summary of their responses and how they have been addressed in this Environmental Report is provided below.

Scottish Environmental Protection Agency (SEPA)

Scope of assessment and level of detail

B.3 We agree that in this instance all environmental topics should be scoped into the assessment, and we are content with the proposed method of assessment. Overall, we consider that the report provides an adequate review of the key environmental problems and issues but would recommend the advice below is considered.

Table 2.5 Interaction between topics

• We disagree that there is no interaction between air and water and soil. Ammonia emissions from agriculture can combine with other pollutants such as nitrogen oxides to create fine particulate matter. When the particulate matter is deposited on soils and water the increase in nitrogen levels can lead to negative impacts such as the eutrophication of water bodies.

Table 4.1: Environmental data sources - Water

• Data on the condition of surface water bodies as well as groundwater bodies and coastal waters should be included. The Water classification hub provides annual updates on the condition of surface water bodies.
• You might also want to consider SEPA’s water scarcity reports which can be useful to identify which areas have experienced water scarcity.

4.67 Air

• The data on AQMA’s is out of date, Scotland’s Environment web contains data on current AQMA’s.

Appendix A Relationship with other relevant plans and programmes

• It should be noted that the regulation of waste management, water and industrial activities will move under the Environmental Authorisation (Scotland) Regulations 2018 (EASR) on November 1^st. Each authorised activity has its own page on our website.

Table A.8: Air

• Cleaner Air for Scotland has been updated and the most up to date version is Cleaner Air for Scotland 2- Towards a Better Place for Everyone, 2021.

LUC response

Noted.

Text is included to outline that interactions are identified between all SEA topics, including air, water and soil.

The environmental baseline has been updated with the relevant information.

The Environmental Authorisation (Scotland) Regulations 2018 (EASR) have been noted in Appendix A.

Cleaner Air for Scotland 2 – Towards a better place for everyone (CAFS 2) has been added to the table in Appendix A.

Consultation period for the Environmental Report

B.4 We are satisfied with the proposal for a 12-week consultation period for the Environmental Report.

NatureScot

Scope of assessment and level of detail

B.5 Subject to the specific comments set out below and in the annex to this letter, NatureScot is content with the scope and level of detail proposed for the Environmental Report:

• We note and agree with the scoping in of all SEA topics due to likelihood of significant effects.
• We advise that in view of the breadth and interdependency of the objectives of the Agricultural Reform, additional work may be needed in the Environmental Report to explore and assess interdependencies and trade-offs.
• We advise that the SEA Framework includes: carbon storage and sequestration; soil health; crofting, and increased consideration of Nature Based Solutions and climate resilience.
• We have identified several new interrelationships between topics that should be subject to consideration during the assessment stage.
• We have provided detailed comment on the content of the Environmental Baseline and suggested additional data/information sources.

General approach

• We are content with proposed structure for the Environmental Report. Section 1.29 notes that the Environmental Report will identify likely significant effects and the nature of these effects, and interrelationships between SEA topics. We welcome the proposed use and intended structure of the SEA Framework as described in Chapter 2.

  However, in view of the breadth and interdependency of the objectives of the Agricultural Reform, additional work may be needed in the Environmental Report to explore and assess trade-offs. For example, the interaction between climate efficiency measures and potential impacts on nature. As noted by Section 4.21, land use intensification can impact on nature. It is possible the Agricultural Reform may lead to increased intensification in the pursuit of climate efficiency per unit of production, which may negatively impact on nature.

• The Environmental Report should also explore how the Agricultural Reform interacts with the increasing demands on land which is a finite resource (SPICe Briefing - Exploring integrated land use). With agriculture affecting 70% of Scotland’s land, the Agricultural Reform is a key policy tool to influence future land use. Decision making will be improved if these interrelationships, opportunities, and trade-offs are fully understood.

LUC response

Noted and reflected in the assessment approach.

Table 2.1: Scoping of SEA topics:

B.6 We note and agree with the scoping in of all SEA topics due to likelihood of significant effects.

Table 2.2: SEA topic and corresponding SEA objective(s)

B.7 Table 2.2 does not appear to identify all the relevant inter-relationships.

• Nature (Biodiversity, Flora, and Fauna) stores and sequesters carbon (Climate Factors), underpins food production (Material Assets), and supports the health of our Water and Air.
• Soil is the largest terrestrial carbon store (as noted in paragraph 4.50) and so is integral to Climate Factors. Management of soils directly impacts on the Water and Air environment through runoff and atmospheric pollution, for example through the use of fertilisers.

SEA Framework

B.8 We suggest that the SEA Framework should be adapted as follows to cover all relevant subject matter;

• Section 3a Climate change mitigation – We advise that you add the following italicised text to the Framework: Minimise greenhouse gas emissions from natural and man-made sources, maintain and increase carbon stores and carbon sequestration. We also advise that you add the corresponding SEA Framework question: Does the Agricultural Reform maintain and increase carbon stores and carbon sequestration? Agricultural land plays a key role in storing and sequestering carbon.
• Section 5 Soils - We advise that you add the following italicised text to the Framework questions: Does the Agricultural Reform safeguard and improve soil health, soil quality and quantity. Soil health is a key aspect as it focuses on the biological functioning of the soil. Does the Agricultural Reform conserve designated and undesignated geological assets (geomorphology and geology interests?).
• Section 6 Water - We welcome the SEA Framework question on the resilience of agricultural land to the effects of climate change and Nature Based Solutions.

A climate change resilience question would be equally relevant and should also be added to the Biodiversity, Flora and Fauna (1); Soils (5); Water (6); and Material Assets (9) sections of the Framework. The need for a broad consideration of climate resilience is supported by paragraph 4.51 which lists many potential climate risks for Scotland (from the Third UK Climate Change Risk Assessment Summary for Scotland).

Nature underpins many topics covered by this SEA, and working with nature through Nature Based Solutions is integral to achieving the objectives of Agricultural Reform. Refence to Nature Based Solutions should also be included in the Biodiversity, Flora and Fauna (1); Climate Change Mitigation (3a) and Adaptation (3b); Soils (5); Water (6); and Material Assets (9) sections of the Framework.

• Section 7 Cultural heritage including architectural and archaeological heritage – It may be appropriate to include refence to, and a question on protection of crofting, as a unique part of Scotland’s cultural heritage. Changes to the Agricultural Reform will have significant effects as crofting communities are intrinsically linked to agricultural activity.

Table 2.5: Interaction between topics

• We disagree that there is not an interaction between the Biodiversity, flora, fauna and Material assets topics. Paragraph 4.125 notes ‘Scotland’s natural resources are also material assets. This includes those related to Scotland’s land use, agricultural productivity and food production.’ Nature underpins all food production and is vital to resilient food productions systems e.g. pollination for crops.
• We disagree that there is no interaction between the Soil and Air topics. Agriculture significantly contributes to nitrogen emissions into the atmosphere, from various agricultural practices related to soils, including nitrogen fertilizer application, manure management, and livestock production.
• We also disagree that there is no interaction between the Air and Water topics. Atmospheric nitrogen linked to agricultural activities (described above) can significantly impact the terrestrial and marine water environments.

LUC response

Noted.

Text is included to outline that interactions are identified between all SEA topics, including biodiversity and material assets, soil and air, and soil and water.

Table 2.2/2.3 has been updated to reflect each SEA topic with its corresponding SEA objective(s).

Reference to demands on land are included in the cumulative effects section.

Environmental baseline

B.9 We welcome the breadth of information contained in the baseline, and make the following suggestions for improvement to the baseline.

Likely evolution without implementation of the plan

• The SEA Scoping baseline makes an assessment across all topics as to the risks posed by not implementing the Agricultural Reform. These sections need more nuance, as many of these risks will still be present following implementation of the Agricultural Reform, and the level of change (from the status quo) will be highly dependent on how far the Agricultural Reform can implemented towards achieving its stated objectives.
• Environmental data sources – Table 4.1
• Soil topic – The Scotland’s Soils website provides useful mapping datasets for this topic. Attention should be given to the information provided in individual map summary sheets on how to interpret the data.
• Water topic – The table refers to Water Quality Classifications for groundwater and coastal. It should also refer to surface waters (i.e. lakes, rivers, canals). Information on the condition of protected sites with water dependent features will also be a useful reference material – see for example https://www.nature.scot/doc/proportion-scotlands-protected-sites-favourable-condition-2023 or https://informatics.sepa.org.uk/ProtectedNatureSites/.

Biodiversity topic 4.7 – 4.23

• Section 4.15 does not appear to be accurate. Most (>70%) of Scotland’s natural woodland is in poor condition due to high grazing impacts, invasive species and disease (source, NatureScot Site Condition Monitoring). Most production forests are poor for biodiversity due to single tree species used, limited structural diversity and high grazing impacts. Condition for biodiversity in woodland are declining due to ongoing pressure from grazing, invasives and increasingly disease and tree health problems.
• Add text relating to browsing by deer, and the impact that they have on habitats particularly woodland and upland habitats.
• Population and human health topic 4.24 – 4.44
• Paragraphs 4.39 – 4.40 correctly acknowledge that Air pollution is detrimental to human health. In addition to transport, it would be helpful to recognise in this section that ammonia emissions from agriculture are a precursor to PM (particulate matter) 2.5 in cities, with associated health impacts.
• Climate change topic 4.45 – 4.63
• Paragraph 4.59 needs more text to illustrate the need for transformation in land use to achieve net zero. While greenhouse gas emissions in Scotland have reduced by half since 1990, land-based emissions (agriculture and LULUCF) have seen much smaller reductions. The share of land as part of total net emissions is increasing as other sectors, in particular electricity generation, have reduced their emissions, while net emissions from the land have remained constant. Land-based emissions represent nearly half of Scotland’s net emissions (Environment Strategy for Scotland: Evidence Base and Policy Levers)
• For peatland, add text relating to climate risk posed by drought. Research has suggested the likelihood of extreme drought events increasing from one event in 20 years to one event every 3 years by 2040 BES: Projected increases in extreme drought frequency and duration by 2040 affect specialist habitats and species in Scotland. This may threaten peatland carbon stores, and in particular those on the East of Scotland where drought effects are predicted to be more significant.
• Add refence to risk of crop failure, reduced animal performance and increased animal mortality/livestock losses

Air quality topic 4.64 – 4.70

• The Environmental Report should refer to the most up to date version of the annual UK air pollution report which provide the most up to date figures disaggregated to country level https://uk-air.defra.gov.uk/library/reports?report_id=1157 . Source attribution data can be obtained from APIS https://www.apis.ac.uk/.
• The Environmental Report should reference The Scottish Nitrogen Balance Sheet. The nitrogen use efficiency in Scotland annual reports that were initiated in 2020 should track the efficacy of measures delivered by Agricultural Reform in relation to nitrogen emissions.
• The recently published UK Parliamentary Review on nitrogen will also provide useful insights for the Environmental Report, particularly in relation to impacts of reactive nitrogen emissions from agriculture to both human and environmental health. https://publications.parliament.uk/pa/ld5901/ldselect/ldenvcl/161/161.pdf
• Paragraph 4.64 - The cited reference #118 is out of date. The Scottish Government Air Quality in Scotland website is a useful source of current information https://www.scottishairquality.scot/air-quality.
• Paragraph 4.66 - The statement that air pollution in Scotland has improved considerably since 2005 is correct for most of the pollutants listed. However, there is no mention of ammonia emissions (mainly from agriculture) where this is not the case. In addition, Non-Methane Volatile Compounds, have flat-lined since 2009 (See Figure 18 in Reference #120) with values for agriculture remaining constant over the period (see Table 30 in Reference #120). Reference #121 on the impact of air pollution on human lifespan is dated 2007 and should be replaced with more current figures.
• Paragraph 4.67 The information in relation to Air Quality Management Areas is out of date. See https://www.scottishairquality.scot/sites/default/files/publications/2024-05/local-air-quality-management-policy-guidance.pdf. For up-to-date figures on the numbers and location of AQMAs see https://ukair.defra.gov.uk/aqma/list?la=all&country=scotland&pollutant=all

Geology and geodiversity topic 4.77 – 4.90

• Reference 142 is out of date. More up to date information can be accessed via NatureScot - Geological Conservation Review Sites.
• The Environmental Report should include consideration of likely significant effects on protected sites (i.e. SSSI’s with geological features) and unnotified GCR sites. Table 4.1 needs to list SSSI’s, notified for geological interests. Table A.6 needs to include a refence to the Wildlife and Countryside Act 1981 (as amended).
• Water topic 4.91 – 4.107
• Paragraph 4.92 and 4.94 - The references need updating. See review from SG’s Centre for Expertise on Waters https://www.crew.ac.uk/publications/water-scarcity-land-use-pws. There has also been recent work on nitrogen cycling in groundwater that is referenced in the original Nitrogen Balance Sheet Report.
• Paragraph 4.96 - has been based on information for 2025 which only gives a very limited overview of the issue. More detailed information on water scarcity, with particular reference to agriculture, can be found at https://www.crew.ac.uk/publication/mitigation-adaptation-response-to-water-scarcity.
• Paragraph 4.97 - In addition we suggest you reference the background documentation for the Flood Resilience Strategy https://www.gov.scot/publications/national-flood-resilience-strategy-3/ and recent evidence published by the SG Centre for expertise CREW https://www.crew.ac.uk/about.
• Paragraph 4.99 - Up to date information can be obtained from the SG funded project Dynamic Coast https://www.dynamiccoast.com/.
• Paragraph 4.100 - Accurate information on the cycle of flood risk planning can be obtained from SEPA https://www.sepa.org.uk/environment/water/flooding/.
• Paragraph 4.101 - We welcome the recognition of the role of good land management in mitigating flood risk. The following publications are of relevance https://www.crew.ac.uk/publication/moderating-extremes-water-availability-review-role-functioning-wetlands and https://www.sepa.org.uk/media/163560/sepa-natural-flood-management-handbook1.pdf.
• Paragraph 4.103 - The role of agriculture in air pollution from reactive nitrogen needs to be mentioned.
• Paragraph 4.104 - The ‘predicted’ effects of climate change referred to in the 2014 citation are now a reality. The source material needs to be changed to reflect this.
• Add reference to risk of crop failure and impacts on animal welfare and performance.
• Material assets topic (agricultural land) 4.124 – 4.154
• Add refence to the risk/impact of soil sealing, loss of prime agriculture land, and soil loss/erosion.

LUC response

Noted.

The environmental baseline has been updated with the relevant information.

Other comments

• Relationship with other relevant plans and programmes – Chapter 3: The Wildlife Management and Muirburn (Scotland) Act 2024 needs to be included in the list of relevant plans and programmes.
• P.15 - Directive 79/409/EEC has been superseded by 2009/147/EC
• P.36 - Forthcoming Legislation - it may be helpful to refer to the emerging policy on water, waste water and drainage following public consultation in 2024 https://www.gov.scot/publications/water-wastewater-drainage-consultation-analysis-report/
• P.38 - JNCC and DEFRA are also valuable sources of information with data disaggregated to country level.
• Annex A – structure: It is useful that the relationships to other plans and programmes have been corralled by environmental topic. In the absence of subheadings in the index, it would be helpful if the topic order was consistent with the layout in Chapter 4 of the main report: i.e. biodiversity; population; climate change; air quality; soil; water; cultural heritage; material assets.
• Annex A.8 – amendments to Air Quality sources: The Cleaner Air for Scotland strategy from 2015 has been superseded by https://www.gov.scot/publications/cleaner-air-scotland-2-towards-better-place-everyone/. The Nitrogen balance Sheet delivered under the Climate Change Act should be added https://www.gov.scot/policies/climate-change/nitrogen-balance-sheet/.

LUC response

Noted.

The relationship with other relevant plans and programmes and the environmental baseline chapters in the Environmental Report have been updated with the relevant information.

The structure has been amended in Appendix A and updated with the relevant information.

Consultation period for the Environmental Report

• NatureScot notes that a period of 12 weeks is proposed for consultation on the Environmental Report and is content with this proposed period

Historic Environment Scotland (HES)

Scope of assessment and level of detail

B.10 The historic environment has been scoped into the assessment. On the basis of the information provided, we are content with this approach. We are satisfied with the scope and level of detail proposed for the assessment. We have given our detailed comments below.

Table 2.5: Interaction between topics

• We disagree that there is no interaction between biodiversity and cultural heritage.
• Historic sites can be special for biodiversity as many have been protected from development, particularly agricultural improvement, which has allowed the preservation of local habitats and species. Scotland's hedges, fields, forestry, water systems and wetlands are all man-made features. These habitats are part of the historic environment, and they play a significant role in the protection and enhancement of biodiversity. Many historic sites and landscapes are well preserved and have allowed the preservation of local habitats and species. They are reservoirs of wildlife which can support conservation initiatives, with important local populations of plants and animals. Larger sites and linear features, such as the Antonine Wall WHS, are important contributors to the wildlife corridors which allow plants and animals to migrate and spread as a result of pressure from development and climate change. Protecting historic landscapes from both natural and human threats also supports biodiversity and allows the preservation of local habitats and species. There are opportunities to support biodiversity through the sustainable production of traditional materials.

Table 4.1: Environmental data sources

• Date sources for the historic environment should include data on undesignated historic environment assets. This can be obtained from the National Record of the Historic Environment here.

LUC response

Noted.

Text is included to outline that interactions are identified between all SEA topics, including biodiversity and cultural heritage.

The environmental baseline has been updated with the relevant information.

Consultation period for the Environmental Report

• You have not indicated how long the consultation period will be. We recommend that it should be a minimum of 6 weeks, and ideally longer given the scale and nature of the Agricultural Reform. For our purposes the consultation period starts when the SEA Gateway receives the relevant documents.

LUC response

The consultation period is proposed to be 12 weeks.