Strategic Environmental Assessment (SEA) for the Small Landholdings and Land Use Tenancy Proposals Environmental Report

3. Scope of the SEA

What is the scope of the SEA?

SEA Scoping Report

3.1 The Environmental Assessment (Scotland) Act 2005 requires that: “Before deciding on the scope and level of detail of the information to be included in the environmental report to be prepared in accordance with section 14; the responsible authority shall send to each consultation authority such sufficient details of the qualifying plan or programme as will enable the consultation authority to form a view on those matters.” In Scotland, the consultation bodies are Historic Environment Scotland, the Scottish Environmental Protection Agency (SEPA) and Scottish Natural Heritage (NatureScot).

3.2 These authorities were consulted on the scope of the SEA for the Small Landholdings and Land Use Tenancy proposals through the release of an SEA Scoping Report to consultees in June 2023^[9].

Content of the Scoping Report

3.3 Developing the draft scope for the SEA as presented in the Scoping Report has involved the following steps:

• Exploring the policy context for the Small Landholdings and Land Use Tenancy proposals and SEA to summarise the key messages arising.
• Establishing the baseline for the SEA (i.e., the current and future situation in the area in the absence of the proposals to help identify the likely significant effects of the proposals).
• Identifying particular problems or opportunities (‘issues’) that should be a particular focus of the SEA; and
• Considering this information, developing an SEA framework comprising SEA objectives and assessment questions, which can then be used as a guiding framework for the subsequent assessment.

Issues/ themes scoped into the SEA

3.4 Scoping identified a range of environmental themes that should be a particular focus of SEA. In this respect, in terms of the SEA ‘issues’ suggested by Schedule 3 of the Environmental Assessment (Scotland) Act 2005^[10], the following themes were scoped in through the scoping process.

3.5 As set out in the Scoping Report “In the interest of proportionality and given the national level focus of the policy, coupled with the presence of existing mitigation in place at the project level within existing current agricultural regulations and consenting regimes, the environmental theme areas: population and human health, soil, water, air quality, cultural heritage, material assets, and landscape have been scoped out of this SEA. Notwithstanding, to ensure that the potential for any localised indirect effects is recorded, and to allow for the SEA findings to directly inform the consideration of relevant issues at the local and project levels, it is proposed that the SEA acknowledge these within the context of the themes scoped into the assessment, as appropriate.”

3.6 In response to this, the SEA information in this Environmental Report has been presented through the following themes:

• Biodiversity and geodiversity
• Climate change
• Landscape and historic environment
• Soil and water quality

3.7 The selected SEA themes have been chosen with a view to effectively presenting the SEA information. These themes reflect the broader interlinkages (including with regards to the flows of ecosystem services^[11]) relating to the themes scoped in through the scoping process.

SEA Framework

3.8 The key environmental issues relating to the proposals have been translated into an SEA ‘Framework’ of objectives and assessment questions. The SEA Framework provides a way in which the likely significant environmental effects of the Small Landholdings and Land Use Tenancy proposals and alternatives can be identified and subsequently analysed based on a structured and consistent approach.

3.9 As discussed above, the SEA Framework and the assessment findings in this Environmental Report have been streamlined and presented under four SEA themes to deliver a proportionate and effective assessment process. In this respect the accompanying objectives and assessment questions for each theme have been refined as appropriate in recognition of the proposals at this stage.

3.10 The SEA Framework is presented in Table 3.2 below.

Table 3.2: SEA Framework

SEA theme: Biodiversity and geodiversity

SEA objective: Support Scotland reach net zero emissions by 2045

Assessment questions (will the proposal help to…)

• Support the meeting of national tree planting and peatland restoration targets?
• Support opportunities for the provision of renewable energy on current agricultural land?
• Contribute to efforts to diversify strategic land use away from traditional agriculture to a more mixed-use model?

SEA objective: Enable small landholders and land use tenants to deliver climate mitigation measures

Assessment questions (will the proposal help to…)

• Increase investment in carbon sink/sequestering nature-based solutions such as woodland planting, peatland restoration, hedgerow planting?

Sea objective: Support the ability of small landholders and land use tenants to be resilient to potential impacts of climate change

Assessment questions (will the proposal help to…)

• Enable tenants to effectively manage existing and emerging pressures associated with climate change that could impact their livelihoods (e.g. droughts; disease and pests; and flooding)?
• Support the capacity of the landscape to become more resilient to the impacts of climate change?

SEA theme: Climate change

SEA objective: Protect and enhance habitats and species in Scotland

Assessment questions (will the proposal help to…)

• Enable the protection and enhancement of priority habitats species?
• Enable the protection and enhancement of ecological networks and connectivity, supporting restoration and regeneration?
• Support the recovery of historically declining species?

SEA objective: Enhance understanding of biodiversity and geodiversity

Assessment questions (will the proposal help to…)

• Enable tenants’ opportunities for engagement with biodiversity and geodiversity?
• Support access to, interpretation and understanding of biodiversity and geodiversity?

SEA objective: Support efforts to meet international and national biodiversity commitments

Assessment questions (will the proposal help to…)

• Connect and support enhancements to the condition of protected areas
• Support the restoration of habitats to their original state (condition and features)?

SEA theme: Landscape and historic environment

SEA objective: Protect and enhance the character and quality of Scotland’s landscapes

Assessment questions (will the proposal help to…)

• Conserve and enhance the special qualities of NSAs and National Parks?
• Support the management objectives of Scotland’s National Scenic Areas (NSAs) and National Parks as set out in their respective management plans?

SEA objective: Conserve and enhance Scotland’s historic environment, including designated and non-designated heritage assets

Assessment questions (will the proposal help to…)

• Protect and where possible, enhance the wider historic environment, including gardens and designated landscapes?
• Conserve and enhance the significance of buildings, structures features and areas of architectural or historic interest, both designated and non-designated, and their settings?
• Facilitate enhanced understanding and awareness of the local archaeological resource?

SEA objective: Promote opportunities for enhancing the understanding of Scotland’s distinct historic and cultural resource

Assessment questions (will the proposal help to…)

• Protect and conserve the heritage of traditional agricultural practices and methods across rural Scotland?
• Support access to, interpretation and understanding of the character of the historic rural environment?

SEA theme: Soil and water quality

SEA objective: Maintain and enhance soil quality

Assessment questions (will the proposal help to…)

• Encourage practices which maintain and enhance the contribution of healthy ecosystems to quality and quantity of soil?
• Enable access to environmental markets focused on restoring soil condition?

SEA objective: Maintain and enhance water quality

Assessment questions (will the proposal help to…)

• Encourage practices that maintain and enhance the contribution of healthy ecosystems to quality and quantity of water?
• Enable access to environmental markets focused on improving water quality?